Lu v Minister for Immigration & Multicultural Affairs [2000] FCA 178

FEDERAL COURT OF AUSTRALIA

Lu v Minister for Immigration & Multicultural Affairs [2000] FCA 178

IMMIGRATION -- Competency of Minister's cancellation of permanent visa where earlier order for deportation set aside by Administrative Appeals Tribunal -- where decision involved duplication of similar considerations -- analysis of disparities between powers relevant to deportation and visa cancellation -- whether setting aside of deportation order manifests an estoppel, preventing Minister from taking further action against appellant. Minister for Immigration and Multicultural Affairs v Gunner (1998) 85 FCA 400 approved, followed Jia Le Geng v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 discussed Geng v Minister for Immigration and Multicultural Affairs [1999] FCA 951 referred to Minister for Immigration, Local Government and Ethnic Affairs v Kurtovic (1990) 92 ALR 93 cited Migration Act 1958 (Cth) ss 29, 30, 116, 118, 200, 201, 501, 502 Migration Legislation Amendment (Strengthening of Provisions relating to Character and Conduct) Act 1998 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) s 43(6)

HO SONG LU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 334 OF 1999

SPENDER, O'CONNOR and KIEFEL JJ BRISBANE 25 FEBRUARY 2000

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY V 334 OF 1999

BETWEEN: HO SONG LU

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGES: SPENDER, O'CONNOR and KIEFEL JJ

DATE OF ORDER: 25 FEBRUARY 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2.. The appellant pay the respondent's costs of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA