Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McDade v Minister for Immigration & Multicultural Affairs [2000] FCA 528
MIGRATION – application to review decision to cancel Transitional (Permanent) visa – first notice of intention to cancel – whether non-response – second notice of intention to cancel – whether decision on second notice vitiated by failure to decide on first notice – whether Tribunal incorrectly interpreted requirements of "false or misleading" – whether Tribunal in considering rights of the child wrongly adopted a test of "compelling circumstances" – whether Tribunal failed to provide adequate reasons in respect of alleged improper motive – whether Tribunal failed to properly consider the interests of the child – whether Tribunal failed to observe procedures in setting out reasons why second notice not invalid and in relation to conclusions on allegations of misleading and deceptive conduct.
MIGRATION – application for orders under s 39B of the Judiciary Act 1903 (Cth) – whether jurisdiction to make orders and consider application
Migration Act 1958 (Cth), ss 101, 103, 107, 108, 109, 112, 476, Judiciary Act 1903 (Cth), s 39B Migration Reform Act 1992 (Cth), s41 Acts Interpretation Act 1901 (Cth), s 33(1)
Migration Regulations, reg 2.41
Teoh v Minister for Immigration & Multicultural Affairs (1995) 183 CLR 273, referred to Scarfe v Federal Commissioner of Taxation (1920) 28 CLR 271, cited Vella v Grey (1985) 61 ALR 210, cited Minister for Immigration, Local Government and Ethnic Affairs v Delacruz (1992) 34 FCR 348, referred to Paramananthan v Minister for Immigration & Multicultural Affairs (1998) 160 ALR 24, referred to Thevendram v Minister for Immigration & Multicultural Affairs [1999] FCA 182, referred to Tharairasa v Minister for Immigration & Multicultural Affairs [2000] FCA 520, referred to Drake v Minister for Immigration & Ethnic Affairs (1979) 24 ALR 577, referred to Minister for Immigration & Multicultural Affairs v Hughes [1999] FCA 325, referred to Minister for Immigration & Multicultural Affair v Yusuf [1999] FCA 1681, referred to Muralidharan v Minister for Immigration & Ethnic Affairs (1996) 62 FCR 402, referred to Vaitaiki v Minister for Immigration & Multicultural Affairs (1998) 150 ALR 608, cited Rani v Minister for Immigration & Multicultural Affairs (1997) 80 FCR 379, applied STEPHEN GERALD McDADE, LOUISE McDADE, NEIL McDADE AND GLENN STEPHEN McDADE by his next friend LOUISE McDADE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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