Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Misiura v Minister for Immigration & Multicultural Affairs [2001] FCA 133 IMMIGRATION – application for review of a decision of the Minister to cancel a visa – whether the Minister is bound by his own direction issued pursuant to s 499(1) of the Migration Act 1958 (Cth)– Minister is required to engage in a genuine weighing of the relevant factors in exercising discretion – adequacy of the Minister's reasons to cancel the visa.
Migration Act 1958 (Cth) ss 476(1)(e), 476(1)(g), 499, 501(2), 501G(1)(e), 501G(4)
Halmi v Minister for Immigration & Multicultural Affairs [1999] FCA 1438 referred to Rokobatini v Minister for Immigration & Multicultural Affairs (1999) 90 FCR 583 referred to Hong v Minister for Immigration & Multicultural Affairs [1999] FCA 1567 cited Nikac v Minister for Immigration & Ethnic Affairs (1988) 20 FCR 65, referred to Minister for Immigration, Local Government & Ethnic Affairs v Gray (1994) 50 FCR 189, cited Gerah Imports Pty Ltd v Minister for Industry, Technology & Commerce (1987) 17 FCR 1, cited Ooi v Minister for Immigration & Multicultural Affairs (2000) 98 FCR 133, referred to ANDREW MISIURA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N442 of 2000 MADGWICK J 23 FEBRUARY 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N442 of 2000
BETWEEN: ANDREW MISIURA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MADGWICK
DATE OF ORDER: 23 FEBRUARY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondents' costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N442 of 2000
BETWEEN: ANDREW MISIURA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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