Aksu v Minister for Immigration & Multicultural Affairs [2001] FCA 514

FEDERAL COURT OF AUSTRALIA

Aksu v Minister for Immigration & Multicultural Affairs [2001] FCA 514 IMMIGRATION- cancellation of visa – exercise of discretion pursuant to section 501 of the Migration Act 1958 (Cth) – Ministerial Direction – appropriateness of policy directions concerning the exercise of statutory discretion – weighing process required as between primary considerations and other considerations – fettering discretion – whether Direction fettered decision-maker's discretion – whether Minister treated himself as bound by the Direction Migration Act 1958 (Cth) ss 200, 201, 476, 476(1)(e), 499, 501, 501(2), 501(6), 501(7) Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 considered Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 considered Minister for Immigration v Gray (1994) 50 FCR 189 considered Bustescu v Minister for Immigration and Multicultural Affairs [1999] FCA 1713 considered Lau v Minister for Immigration and Multicultural Affairs [2000] FCA 698 considered TURGAY AKSU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q 148 OF 2000 DOWSETT J 4 MAY 2001 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 148 OF 2000

BETWEEN: TURGAY AKSU

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 4 MAY 2001

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The Minister's decision be set aside 2. The matter be returned to the Minister for further consideration. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 148 OF 2000

BETWEEN: TURGAY AKSU

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS