Minister for Immigration & Multicultural Affairs v Jalal [2000] FCA 1370

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Jalal [2000] FCA 1370

CITIZENSHIP AND MIGRATION – cancellation of Class 100 (Spouse) Visa pursuant to s 128 of the Migration Act 1958 (Cth) – where false statements made by applicant for visa – whether Minister had power to cancel visa for non-compliance with provisions relating to the application form when the Minister was aware of the non-compliance when visa granted – whether transitional provisions of Migration Act 1958 (Cth) as in force 31 January 1996 operate so as to permit Minister to cancel visa granted in respect of an application made before 1 September 1994 notwithstanding that visa applicant has not entered Australia Migration Act 1958 (Cth) (Reprint 6 - 31 January 1996) ss 101, 102, 105, 107, 108, 109, 115, 116, 128 Migration Act 1958 (Cth) (Reprint 4 - 31 January 1993) ss 14, 17, 20, 16, 35 Migration Reform Act 1992 (Cth)

Migration Regulations 1994 (Cth) (SR 1994 No. 268) Sch 4, cl 4001(4) Migration (1993) Regulations (Cth) (SR 1992 No. 367)

Newcastle City Council v GIO General Limited (1997) 191 CLR 85 considered

Explanatory Memorandum for the Migration Reform Bill 1992 MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v SYED JAMAL JALAL and HAMIDI JALAL V178 of 2000 RYAN, MARSHALL & EMMETT JJ MELBOURNE 28 SEPTEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V178 of 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Appellant

AND: SYED JAMAL JALAL

First Respondent

AND: HAMIDI JALAL

Second Respondent

JUDGES: RYAN, MARSHALL & EMMETT JJ

DATE OF ORDER: 28 SEPTEMBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS: 1. That the appeal be dismissed. 2. That there be no order as to the costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.