Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nguyen v Minister for Immigration & Multicultural Affairs [2000] FCA 1285
MIGRATION – appeal from decision of Migration Review Tribunal affirming decision to cancel applicant's Subclass 560 (Student) visa – breach of visa condition 8202 – whether the United Nations Convention on the Rights of the Child gave rise to a legitimate expectation that decision-makers give primacy to the best interests of children necessarily affected by the decision – whether decision involved an exercise of discretion – no legal principle permits a decision-maker to ignore or set aide the requirements of Australian law in favour of the Convention
Migration Act 1958 (Cth) ss 116(1)(b), 116(3), 476(2) Migration Regulations 1994 (Cth) reg 2.43(2) United Nations Convention on the Rights of the Child Minister for Immigration & Ethnic Affairs v Teoh (1994-1995) 183 CLR 273 discussed Vaitaiki v Minister for Immigration & Ethnic Affairs (1998) 150 ALR 608 cited Bropho v Western Australia (1990) 171 CLR 1 cited Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438 applied Sikahele v Minister for Immigration & Multicultural Affairs [1998] FCA 1453 applied Fakatava v Minister for Immigration & Multicultural Affairs [2000] FCA 118 applied THI MINH NGUYEN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 696 OF 2000 HELY J 13 SEPTEMBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 696 OF 2000
BETWEEN: THI MINH NGUYEN
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: HELY J
DATE OF ORDER: 13 SEPTEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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