Turcan v Minister for Immigration & Multicultural Affairs [2002] FCA 397

FEDERAL COURT OF AUSTRALIA

Turcan v Minister for Immigration & Multicultural Affairs [2002] FCA 397

MIGRATION – permanent spouse class 801 visa – cancellation of visa in July 2001 when visa holder outside Australia – detention of visa holder on return to Australia in February 2002 – challenge to cancellation and detention decisions under s 39B Judiciary Act 1903 (Cth) – whether challenges prevented by s 474 Migration Act 1958 (Cth) MIGRATION – judicial review – objection to competency – notification of decision to cancel visa – sent to address given on visa application – applicant in the meantime lodges with Department application for translation of documents giving another address – whether other address "known to the Minister" WORDS AND PHRASES – "known to the Minister" Migration Act 1958 (Cth) ss 128, 116(1), 189(1), 477, 474 Migration Regulations 1994 (Cth) reg 5.02A (2) Minister for Immigration & Multicultural Affairs v Singh (2000) 171 ALR 53 distinguished Al Adwan v Minister for Immigration & Multicultural Affairs [2001] FCA 706 at [44] followed Joshi v Minister for Immigration & Multicultural Affairs [2001] FCA 1765 at [28] – [50] followed R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 at 615 applied Walton v Philip Ruddock, The Minister for Immigration & Multicultural Affairs [2001] FCA 1839 mentioned Wang v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 167 mentioned NAAX v Minister for Immigration & Multicultural Affairs [2002] FCA 263 followed NABE v Minister for Immigration and Multicultural Affairs [2002] FCA 281 mentioned Ratumaiwai v Minister for Immigration & Multicultural Affairs [2002] FCA 311 mentioned Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 considered Craig v South Australia (1995) 184 CLR 163 at 179 mentioned Australian Coal and Shale Employees Federation v Aberfield Coal Mining Co Ltd (1942) 66 CLR 161 at 182 applied