Doukmak v Minister for Immigration & Multicultural Affairs [2001] FCA 1821

FEDERAL COURT OF AUSTRALIA Doukmak v Minister for Immigration & Multicultural Affairs [2001] FCA 1821 IMMIGRATION – time for judicial review under s 478 of the Migration Act 1958 (Cth) – whether notification of the decision means notification of the decision in accordance with the Act – whether notice of the decision complied with s 129 - whether notice of the decision misleading in relation to applicant's review rights – whether misleading notice can constitute "notification" for the purpose of s 478 – where notice of decision suggested that the cancellation could be revoked by the Department of Immigration and Multicultural Affairs – where misleading information in the notice required to be included by s 129 IMMIGRATION – subclass 309 Spouse (Provisional) visa - cancellation under s 128 of the Migration Act 1958 (Cth) - error of law – whether discretion to cancel and discretion not to cancel the same – whether cancellation discretionary or mandatory – whether cancellation could be revoked - Migration Act 1958 (Cth) ss 116, 118, 128, 129, 131 & 478 Migration Regulations 1994 (Cth) reg 2.43 & 2.48 Yong Jun Qin v Minister for Immigration and Multicultural Affairs (1997) 144 ALR 695 referred to Cujba v Minister for Immigration and Multicultural Affairs [2001] FCA 699 applied Raj v Minister for Immigration & Multicultural Affairs (2000) 97 FCR 346 referred to Long v Minister for Immigration, Local Government and Ethnic Affairs (1996) 65 FCR 164 referred to Solomon v Minister for immigration and Multicultural Affairs [2000] FCA 912 referred to Bariah v Minister for Immigration and Multicultural Affairs [2000] FCA 1253 referred to Dawai v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 379 referred to Zhao v Minister for Immigration and Multicultural Affairs [2000] FCA 1235 referred to Tien v Minister for Immigration and Multicultural Affairs (1998) 89 FCR 80 referred to Newall v Minister for Immigration and Multicultural Affairs [1999] FCA 1624 referred to Rios v Minister for Immigration and Multicultural Affairs [2001] FCA 1313 referred to Wang v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 386 followed Dranichnikov v Minister for Immigration and Multicultural Affairs (2000) 60 ALD 482 followed W157/OOA v Minister for Immigration & Multicultural Affairs [2001] FCA 1536 referred to Re Patterson; Ex parte Taylor (2001) 182 ALR 657 referred to Ross v Minister for Immigration & Multicultural Affairs (2000) 107 FCR 1 Re Australian Insurance Employees Union; Ex parte Academy Insurance Pty Ltd (1988) 62 ALJR 426 referred to