Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Javillonar v Minister for Immigration & Multicultural Affairs [2001] FCA 854
MIGRATION – cancellation of visa pursuant to s 501 of the Migration Act 1958 (Cth) ("Act") – where decision made by the Minister for Immigration and Multicultural Affairs personally – where reasons for decision prepared by officers of the Department for Immigration and Multicultural Affairs – whether this constitutes a failure to give reasons as required by s 501G(1)(e) of the Act – whether the Minister, in making his decision, fettered his discretion by relying Direction No. 17 (Visa Refusal and Cancellation under section 501 of the Migration Act 1958 (Cth)) made pursuant to s 499 of the Act
Migration Act 1958 (Cth) s 476(1)(a), s 476(1)(e), s 499, s 501, s 501G(1)(e), s 501G(4) Acts Interpretation Act 1901 (Cth) s 25D, s 46(1)(b)
Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 considered Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 referred to Misiura v Minister for Immigration & Multicultural Affairs [2001] FCA 133 referred to Re Ruddock, Minister for Immigration and Multicultural Affairs; ex parte Truong (Hayne J, 22 March 2001, unreported) followed Halmi v Minister for Immigration and Multicultural Affairs (1999) 95 FCR 1 referred to Aksu v Minister for Immigration & Multicultural Affairs [2001] FCA 514 considered Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189 referred to Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 referred to Ruhl v Minister for Immigration and Multicultural Affairs [2001] FCA 648 considered Bustescu v Minister for Immigration and Multicultural Affairs (1999) 57 ALD 161 considered Lau v Minister for Immigration & Multicultural Affairs [2000] FCA 698 referred to Widgee Shire Council v Bonney (1907) 4 CLR (Pt 2) 977 referred to Airservices Australia v Canadian Airlines International Ltd (1999) 167 ALR 392 referred to
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