Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gunner v Minister for Immigration & Multicultural Affairs [2000] FCA 200
IMMIGRATION – whether Minister has power to revoke certificate issued under s 502(1) of the Migration Act 1958 (Cth) declaring applicant to be an excluded person. Acts Interpretation Act 1901 (Cth), s 33(3) Judiciary Act 1903 (Cth), s 39B(1A) Migration Act 1958 (Cth), ss 500, 501, 502 Minister for Immigration and Multicultural Affairs v Gunner (1998) 84 FCR 400 cited Tuli v Minister for Immigration and Multicultural Affairs [1999] FCA 271 cited PAUL WILLIAM GUNNER v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1294 of 1999 SACKVILLE J 3 MARCH 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1294 OF 1999
BETWEEN: PAUL WILLIAM GUNNER
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SACKVILLE J
DATE OF ORDER: 3 MARCH 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed, with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1294 OF 1999
BETWEEN: PAUL WILLIAM GUNNER
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SACKVILLE J
DATE: 3 MARCH 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This application raises a short point of statutory construction. The applicant contends that the respondent ("the Minister") has power to revoke a certificate issued on 10 June 1997 under s 502(1) of the Migration Act 1958 (Cth) ("Migration Act"), declaring the applicant to be an excluded person. The effect of the certificate was to prevent the applicant applying to the Administrative Appeals Tribunal ("AAT") for review of the Minister's decision, also made on 10 June 1997, to cancel the applicant's permanent residence visa. The Minister says he has no power to revoke the certificate and thus is neither obliged nor entitled to act on the applicant's request that he should do so.
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