Rios v Minister for Immigration & Multicultural Affairs [2001] FCA 1313

FEDERAL COURT OF AUSTRALIA

Rios v Minister for Immigration & Multicultural Affairs [2001] FCA 1313 MIGRATION - Temporary visa - cancellation - whether the applicant had at the relevant time, or ceased to have, a sole intention to visit Australia temporarily for tourism purposes - notification of possible grounds for cancellation - whether there was a failure to provide sufficient particulars of the possible grounds for cancellation. Migration Act 1958 (Cth) ss 116, 119, 475, 476 Migration Regulations 1994 (Cth) Guden v Minister for Immigration and Multicultural Affairs [2000] 58 ALD 352 Considered Kheirollahpoor v Minister for Immigration and Multicultural Affairs [2000] FCA 1350 Discussed N258/00A v Minister for Immigration and Multicultural Affairs [2000] FCA 993 Cited Aung v Minister for Immigration and Multicultural Affairs [2000] FCA 1562 Cited Perchine v Minister for Immigration and Multicultural Affairs [2001] FCA 168 Cited Minister for Immigration and Multicultural Affairs v Indatissa [2001] FCA 181 (FC) Cited Charaev v Minister for Immigration and Multicultural Affairs [2000] FCA 865 (FC) Cited Zhao v Minister for Immigration and Multicultural Affairs [2000] FCA 1235 Applied Tien v Minister for Immigration and Multicultural Affairs (1998) 159 ALR 405 Cited TONY RIOS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q 120 OF 2000 COOPER J BRISBANE 14 SEPTEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q120 OF 2000

BETWEEN: TONY RIOS

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 14 SEPTEMBER 2001

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of and incidental to the application, including reserved costs, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.