Zhaou v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 748

FEDERAL COURT OF AUSTRALIA

Zhaou v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 748

MIGRATION – application for review of a decision of a delegate of the respondent to cancel the applicant's tourist visa pursuant to s 116(1)(g) of the Migration Act and reg 2.43(1)(k) of the Migration Regulations – inquiry about grounds to cancel the applicant's visa – privative clause decision – whether necessary to consider effect of privative clause – whether, in breach of ss 119(1) and 121(3), the interview between the applicant and the delegate did not take place at the time specified – whether in breach of ss 119(1) and 121(3), the time within which the applicant was to respond at an interview was a reasonable period – requirements of ss 119(1)(b) and 121(3)(b). WORDS & PHRASES – "reasonable period"

Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), s 116, s 119, s 121, s 474 Migration Regulations 1994, reg 2.43(1)(k)

R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 cited R v Coldham; Ex parte Australian Workers' Union (1983) 153 CLR 415 referred O'Toole v Charles David Pty Ltd (1991) 171 CLR 232 referred Deputy Commissioner of Taxation v Richard Walter Pty Ltd (1995) 183 CLR 168 referred Darling Casino Ltd v NSW Casino Control Authority (1997) 191 CLR 602 referred R v Murray; Ex parte Proctor (1949) 77 CLR 387 referred The Queen v The Commonwealth Conciliation and Arbitration Commission; Ex parte The Amalgamated Engineering Union (Australian Section) (1967) 118 CLR 219 referred The Queen v Coldham; Ex parte The Australian Workers' Union (1982) 153 CLR 415 referred Craig v State of South Australia (1995) 184 CLR 163 referred NAAX v Minister for Immigration and Multicultural Affairs [2002] FCA 263 referred NABE v Minister for Immigration and Multicultural Affairs [2002] FCA 281 referred Park v Minister for Immigration and Multicultural Affairs [2002] FCA 346 referred NABM of 2001 v Minister for Immigration and Multicultural Affairs [2002] FCA 335 referred VBAH v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 388 referred Turcan v Minister for Immigration and Multicultural Affairs [2002] FCA 397 discussed NADD v Minister for Immigration and Multicultural Affairs [2002] FCA 448 referred Jia Jing Wang v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 477 referred Jian Zhong Wang v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 167 referred Boakye-Danquah v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 438 referred Kwan v Minister for Immigration and Multicultural Affairs [2002] FCA 498 referred SBBK v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 565 referred Awan v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 594 referred Zhang Jia Qing v The Minister for Immigration and Multicultural Affairs (Burchett J, unreported decision, delivered 5 November 1997) discussed Minister for Immigration and Multicultural Affairs v Zhang (1999) 53 ALD 261 referred Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 referred Budiyal v Minister for Immigration and Multicultural Affairs (1998) 82 FCR 166 referred Tien v Minister for Immigration and Multicultural Affairs (1998) 159 ALR 405 cited ALEX ZHAOU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 226 of 2002 KENNY J 12 JUNE 2002 MELBOURNE