Cujba v Minister for Immigration & Multicultural Affairs [2001] FCA 699

FEDERAL COURT OF AUSTRALIA

Cujba v Minister for Immigration & Multicultural Affairs [2001] FCA 699

MIGRATION – cancellation by Minister of one applicant's 676 visas – Minister's refusal to cancel the revocation of another applicant's 676 visa – grounds of cancellation mainly as to each visa holder never having or having ceased or have the intention to remain temporarily in Australia as a tourist – grounds found to lack a reasonable or viable basis so radically as invoke Court jurisdiction to quash and set aside both decisions – no jurisdiction in the Court to grant additional relief requested.

Migration Act 1958 (Cth) ss 116(1), 128, 129(1), 131, 476(1)(b), 476(1)(c), 476(1)(d), 476(1)(e), 476(1)(g) and 476(4)(b) Migration Regulations 1994 (Cth) reg 2.43(1)

Craig v South Australia (1995) 184 CLR 163 referred to Gamaethige v Minister for Immigration and Multicultural Affairs [2001] FCA 565 referred to Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 applied Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 applied OLEG CUJBA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N1190 of 2000 NICOLAE CUJBA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N315 of 2001 CONTI J 8 JUNE 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1190 of 2000

BETWEEN: OLEG CUJBA

APPLICANT

AND

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: CONTI

DATE OF ORDER: 8 JUNE 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Order that the decision of the Respondent made on 13 October 2001 to cancel Oleg Cujba's 676 visa be quashed and set aside. 2. The Respondent pay the Applicant's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.