Minister for Immigration & Multicultural Affairs v Chan [2001] FCA 1552

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Chan [2001] FCA 1552 MIGRATION – cancellation of temporary business entry visa – where Administrative Appeals Tribunal found that respondent did not have relevant "association" with ex-husband to satisfy s 501(6)(b) of Migration Act 1958 – whether Administrative Appeals Tribunal misconstrued meaning of "association" WORDS AND PHRASES – "association" Migration Act 1958 (Cth) s 501 Migration Legislation Amendment (Strengthening Provisions Relating to Character and Conduct) Act 1998 MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v WAI KUEN CHAN N 990 OF 2001 EMMETT J 13 SEPTEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 990 OF 2001

BETWEEN: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

APPLICANT

AND: WAI KUEN CHAN

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 13 SEPTEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal of 1 June 2001 be set aside. 2. The matter be remitted to the Tribunal to be dealt with according to law. 3. The respondent to pay the applicant's costs up to and including 10 August 2001. 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 990 OF 2001

BETWEEN: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

APPLICANT

AND: WAI KUEN CHAN

RESPONDENT

JUDGE: EMMETT J

DATE: 13 SEPTEMBER 2001

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 On 26 February 2001, a delegate of the applicant, the Minister for Immigration and Multicultural Affairs ("the Minister") made a decision cancelling a class UC (temporary business entry) sub-class 457 visa held by the respondent, Wai Kuen Chan ("Mrs Chan"). Mrs Chan then applied to the Administrative Appeals Tribunal ("the Tribunal") for review of that decision. On 1 June 2001 a Deputy President of the Tribunal made the decision that the decision under review be set aside and remitted the matter to the Minister with the direction that Mrs Chan meets the requirements of the character test under s 501 of the Migration Act 1958 ("the Act"). 2 The Minister's decision was made under s 501(2) of the Act, which provides as follows: "(2) The Minister may cancel a visa that has been granted to a person if: