Jahnke v Minister for Immigration & Multicultural Affairs [2001] FCA 897

FEDERAL COURT OF AUSTRALIA

Jahnke v Minister for Immigration & Multicultural Affairs [2001] FCA 897 IMMIGRATION - cancellation of visa for failure to pass the character test - whether Minister's Direction No. 17 inconsistent with s 501 the Migration Act 1958 (Cth) - whether the Minister voluntarily applied Direction No. 17 in cancelling the visa - visa cancellation set aside

Migration Act 1958 (Cth) s 501

Aksu v Minister for Immigration and Multicultural Affairs [2001] FCA 514 followed Ruhl v Minister for Immigration and Multicultural Affairs [2001] FCA 648 followed Turini v Minister for Immigration and Multicultural Affairs [2001] FCA 822 not followed TOSCA JAHNKE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q 34 OF 2001

DRUMMOND J 12 JULY 2001 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 34 OF 2001

BETWEEN: TOSCA JAHNKE

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: DRUMMOND J

DATE OF ORDER: 12 JULY 2001

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The decision of the Minister for Immigration and Multicultural Affairs made on 15 December 2000 to cancel the special category visa held by the applicant be set aside.

2. The matter be referred back to the Minister for Immigration and Multicultural Affairs for further consideration according to law.

3. The respondent pay the applicant's costs of and incidental to the application including reserved costs, if any, to be taxed if not agreed.

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 34 OF 2001

BETWEEN: TOSCA JAHNKE

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT