Adams v Minister for Immigration & Multicultural Affairs [2001] FCA 552

FEDERAL COURT OF AUSTRALIA

Adams v Minister for Immigration & Multicultural Affairs [2001] FCA 552 MIGRATION – cancellation of visa – substantial criminal record – review of decision of Minister – applicant's arrival in Australia from United Kingdom in about 1960 – no record of arrival – whether to be treated as holding a visa – whether document recording Minister's decision in correct form Migration Act 1958 (Cth) s 501(2)

Briginshaw v Briginshaw (1938) 60 CLR 336 at 360 to 363 mentioned Hall v Minister for Immigration and Multicultural Affairs (2000) 97 FCR 387 at [20] to [29] followed Misiura v Minister for Immigration and Multicultural Affairs [2001] FCA 133 at [12] followed Halmi v Minister for Immigration and Multicultural Affairs (1999) 95 FCR 1 at [54] followed Rokobatini v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 583 followed Baulch v Minister for Immigration and Multicultural Affairs [2001] FCA 139 at [21] followed Re Ruddock, ex parte Truong (unreported, 22 March 2001) Minister for Immigration and Multicultural Affairs v Indatissa [2001] FCA 181 at 26 to 28 followed Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274 mentioned

STEPHEN JOHN ADAMS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 149 OF 2001 HEEREY J 3 MAY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 149 OF 2001

BETWEEN: STEPHEN JOHN ADAMS

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 3 MAY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant to pay the respondent's costs to be taxed, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.