Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Burgess v Minister for Immigration & Multicultural Affairs [2000] FCA 926
MIGRATION – jurisdiction with respect to "judicially-reviewable decisions" – whether action of which review sought a decision "made under th[e] Act…relating to [a] visa[ ]" – whether Act confers on Minister power to decide to revoke earlier visa cancellation decision made under s 501(2) – whether intention appears in Act that power to decide to cancel visa under s 501(2) not to be exercisable from time to time as occasion requires
Migration Act 1958 (Cth), ss 475(1)(c), 478(1)(b), 478(2), 486, 501, 501A(3), 501C(4), 501G(1)(e) Administrative Decisions (Judicial Review) Act 1977 (Cth) Acts Interpretation Act 1901 (Cth), s 33(1) Migration Legislation Amendment (Strengthening of Provisions relating to Character and Conduct) Act 1998 (Cth) Judiciary Act 1903 (Cth), s 39B Sloane v Minister for Immigration, Local Government and Ethnic Affairs (1992) 37 FCR 429 discussed Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 referred to Minister for Immigration and Multicultural Affairs v Bhardwaj [2000] FCA 789 referred to Austereo Ltd v Trade Practices Commission (1993) 41 FCR 1 referred to Comptroller-General of Customs v ACI Pet Operations Pty Ltd (1994) 49 FCR 56 referred to Semunigus v Minister for Immigration & Multicultural Affairs [2000] FCA 240 referred to BRIAN JOHN LAWRENCE BURGESS v
THE HON. PHILIP RUDDOCK, MP
MINISTER FOR IMMIGRATION &
MULTICULTURAL AFFAIRS
N 711 of 2000
10 JULY 2000
KATZ J SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N711 of 2000
BETWEEN: BRIAN JOHN LAWRENCE BURGESS
APPLICANT
AND: THE HON. PHILIP RUDDOCK, MP
MINISTER FOR IMMIGRATION &
MULTICULTURAL AFFAIRS
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