Ross v Minister for Immigration & Multicultural Affairs [2000] FCA 1716

FEDERAL COURT OF AUSTRALIA

Ross v Minister for Immigration & Multicultural Affairs [2000] FCA 1716 MIGRATION – cancellation of visa under s 501(2) of the Migration Act 1958 – where Minister's decision indicated "I do not exercise my discretion to not cancel the visa" – whether that decision is a decision to cancel the visa - whether Minister wrongly interpreted his discretion – whether decision might have been different if not for misinterpretation – whether Minister made an error of law within s 476(1)(e) of the Migration Act 1958 Migration Act 1958, s 476(1)(e), s 501(2) Migration Legislation Amendment (Strengthening of Provisions Relating to Character and Conduct) Act 1998 Migration Regulations 1994 Zhao v Minister for Immigration and Multicultural Affairs [2000]FCA 1235 cited Hall v Minister for Immigration and Multicultural Affairs (2000) 97 FCR 387 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 - distinguished Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Halmi v Minister for Immigration and Multicultural Affairs (1999) 95 FCR 1 distinguished McDonald v Director-General of Social Security (1984) 1 FCR 354 cited RITA MARIE ROSS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q 43 of 2000 SPENDER J BRISBANE 14 NOVEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 43 OF 2000

BETWEEN: RITA MARIE ROSS

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 9 NOVEMBER 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The respondent's decision to cancel the special category visa (NZ) of Rita Marie Ross be set aside.

2. The respondent pay the applicant's cost of and incidental to the application, including reserved costs, to be taxed if not agreed.