Jalal v Minister for Immigration & Multicultural Affairs [2000] FCA 207

FEDERAL COURT OF AUSTRALIA

Jalal v Minister for Immigration & Multicultural Affairs [2000] FCA 207

IMMIGRATION – application for visa – incorrect information – visa granted knowing information was incorrect – visa now cancelled – power of the Minister to cancel a visa under s128 Migration Act 1958 (Cth)

Migration Act 1958 (Cth) ss 65, 109, 116 and 128 Migration Legislation Amendment Act 1989 (Cth) s 11A Australian Postal Commission v Dao (No.2) (1986) 6 NSWLR 497 referred to Barwick v Law Society of New South Wales [2000] HCA 2 referred to Canterbury Municipal Council v Moslem Alawy Society Ltd (1985) 1 NSWLR 525 referred to Cole v Director-General of Department of Youth & Community Services (1987) 7 NSWLR 541 referred to Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 referred to Law Society of Upper Canada v Skapinker (1984) 9 DLR(4th) 161 referred to Mills v Meeking (1990) 169 CLR 214 referred to R v Schildkamp [1971] AC 1 referred to The King v Hare [1934] 1 KB 354 referred to Thompson v His Honour Judge Byrne (1999) 73 ALJR 642 referred to SYED JAMAL JALAL and HAMIDA JALAL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 520 of 1998 JUDGE: FINKELSTEIN J DATE: 3 MARCH 2000 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 520 of 1998

BETWEEN: SYED JAMAL JALAL and HAMIDA JALAL

Applicants

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: FINKELSTEIN J

DATE OF ORDER: 3 MARCH 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The decision by the Respondent to cancel the spouse visa granted to the first Applicant be set aside. 2. The Respondent pay the Applicants' taxed costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.