Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Erinfolami v Minister for Immigration & Multicultural Affairs [2001] FCA 956
MIGRATION - visas - cancellation of visa - where visa may be cancelled when notification of intention to consider cancelling visa given - lawfulness of cancellation decision depended on giving of effective notification prior to decision being made - whether notification effective under subsection 119(1) of the Migration Act 1958 (Cth) - held Minister or Minister's delegate with power to cancel visa must be giving consideration to cancelling visa at time notification given for notification to be effective - cancellation decision set aside. Migration Act 1958 (Cth), ss 116, 119, 120, 124, 497 Migration Regulations 1994 (Cth), reg 2.43(1) Musson v Rodriguez [1953] AC 530, cited Tien v Minister for Immigration & Multicultural Affairs (1998) 89 FCR 80, cited Zhao v Minister for Immigration & Multicultural Affairs [2000] FCA 1235, discussed ERINFOLAMI V MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1082 of 2001 KATZ J 20 JULY 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1082 of 2001
BETWEEN: KEHINDE BAYODE ERINFOLAMI
APPLICANT
AND: MINISTER FOR IMMIGRATION &
MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: KATZ J
DATE OF ORDER: 20 JULY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1 The cancellation decision of 9 July 2001 be 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.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1082 of 2001
BETWEEN: KEHINDE BAYODE ERINFOLAMI
APPLICANT
AND: MINISTER FOR IMMIGRATION &
MULTICULTURAL AFFAIRS
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