Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yusuf v Minister for Immigration & Multicultural Affairs [2002] FCA 737
MIGRATION – notice of objection to competency – whether the alleged "decisions" are judicially-reviewable decisions pursuant to s 474 and s 475 of the Migration Act 1958 (Cth) – applicant was a lawful non-citizen and the holder of a valid visa in the migration zone – applicant held in questioning detention and temporary visa cancelled – decision to not specify the time at which the applicant was to provide comment on the intention to cancel the visa and to give reasons why the visa should not be cancelled – decision to not permit the applicant a reasonable "period of grace" within which to obtain another sponsor – decision by respondent to allow sponsorship to be withdrawn – whether made under Act or Regulations – whether reviewable by the Migration Review Tribunal WORDS AND PHRASES – "decision", "made under the Act or Regulations", "relating to visas", "along the way"
Migration Act 1958 (Cth), ss 474 (repealed), 475 (repealed), 119, 116, 338, 192
Australian Broadcasting Tribunal v Bond & Ors (1990) 170 CLR 321, applied Molisi v MIMA [2001] FCA 420, cited Attorney-General of the Commonwealth v Queensland 25 FCR 125, cited Evans v Friemann (1981) 53 FLR 229, cited Jayasinghe v Minister for Immigration & Ethnic Affairs & Anor (1997) 76 FCR 301, cited Secretary, Department of Foreign Affairs and Trade v Boswell (1992) 108 ALR 77, cited Minister for Immigration and Multicultural Affairs v Ozmanian (1996) 141 ALR 322, distinguished Cardenas v MIMA [2001] FCA 17, cited OLUWATOYIN OLUWASANMI YUSUF v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS No Q 152 of 2001 SPENDER J BRISBANE 12 JUNE 2002
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 152 OF 2001
BETWEEN: OLUWATOYIN OLUWASANMI YUSUF
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