Zhao v Minister for Immigration & Multicultural Affairs [2000] FCA 449

FEDERAL COURT OF AUSTRALIA

Zhao v Minister for Immigration & Multicultural Affairs [2000] FCA 449 IMMIGRATION – visas – cancellation – business (long stay) visa – whether notice of intention to cancel defective – whether decision based on grounds not in notice – whether decision‑maker failed to reach affirmative state of satisfaction – whether decision‑maker acted on no evidence. Migration Act 1958 (Cth) ss 30, 31, s 116, s 119, s 338, s 475, s 476 Migration Regulations subclass 457

Gu v Minister for Immigration & Multicultural Affairs [1999] FCA 991, referred to Esber v The Commonwealth (1992) 174 CLR 440, referred to Azevedo v Secretary, Department of Primary Industries and Energy (1992) 26 ALD 567, referred to Eshetu v Minister for Immigration & Multicultural Affairs (1997) 71 FCR 300, referred to Minister for Immigration & Multicultural Affairs v Zhang (1999) 84 FCR 258, followed Chiorny v Minister for Immigration & Multicultural Affairs (1997) 44 ALD 605, distinguished Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, followed ZHAO JINGFU V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W126 of 1999

R D NICHOLSON J 12 APRIL 2000 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W126 OF 1999

BETWEEN: ZHAO JINGFU

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: R D NICHOLSON J

DATE OF ORDER: 12 APRIL 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application for an order of review be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W126 OF 1999