Hall v Minister for Immigration & Multicultural Affairs [2000] FCA 415

FEDERAL COURT OF AUSTRALIA

Hall v Minister for Immigration & Multicultural Affairs [2000] FCA 415

MIGRATION – cancellation of visa – application to review – failure to lodge required documents with application – whether failure invalidates application – whether entry permit is a visa for the purposes of the Migration Act 1958 (Cth) s 501 Migration Act 1958 (Cth) s 500(6C) and s 501

Accident Compensation Commission v Murphy [1988] VR 444 applied City of Port Adelaide Enfield v Minister for Transport and Urban Planning (1999) 73 SASR 22 applied Ferrum Metal Exports Pty Ltd v Lang (1960) 105 CLR 647 applied Howard v Boddington [1877] 2 P D 203 cited Kirk v Minister for Immigration and Multicultural Affairs (1998) 87 FCR 99 referred to Phillips v Eyre (1870) 6 QB 1 referred to Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 applied Tasker v Fullwood [1978] 1 NSWLR 20 applied Wu v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 245 applied JOHN HAROLD HALL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 603 of 1999 FINKELSTEIN J MELBOURNE 22 MARCH 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 603 of 1999

On appeal from the Administrative Appeals Tribunal

BETWEEN: JOHN HAROLD HALL

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: FINKELSTEIN J

DATE OF ORDER: 22 MARCH 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the Administrative Appeal Tribunal made on 22 October 1999 be set aside and the matter be remitted to the Tribunal for further consideration according to law. 3. The respondent pay the applicant's taxed costs of this application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.