Andary v Minister for Immigration & Multicultural Affairs [2001] FCA 1544

FEDERAL COURT OF AUSTRALIA

Andary v Minister for Immigration & Multicultural Affairs [2001] FCA 1544 IMMIGRATION – cancellation of visa for failure to pass the character test – whether Minister's Direction No 17 inconsistent with s 501 of the Migration Act 1958 (Cth) – whether the Minister voluntarily applied Direction No 17 in cancelling the visa – whether the Direction fetters the Minister's discretion IMMIGRATION – entry permits – whether entry permit is a visa for the purposes of the Migration Act 1958 (Cth) s 501 – whether the applicant was holder of an entry permit – whether to be treated as holding a visa Migration Act 1958 (Cth), ss 202, 203, 499, 501(2), 501(6)(a), 501(7), 501F Migration Act 1958 (Cth) (No 62 of 1958), ss 5(1), 6(1), 6(6), 6(8), 9(1) Migration Reform Act 1992 (Cth), s 40(5) Migration Reform (Transitional Provisions) Regulations, reg 3, reg 4

Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611, applied 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 Jahnke v Minister for Immigration and Multicultural Affairs [2001] FCA 897, followed Javillonar v Minister for Immigration and Multicultural Affairs [2001] FCA 854, distinguished GEORGE ANTHONY ANDARY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q 123 OF 2001 DOWSETT J 2 NOVEMBER 2001 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 123 OF 2001

BETWEEN: GEORGE ANTHONY ANDARY

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 2 NOVEMBER 2001