Long v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 774

FEDERAL COURT OF AUSTRALIA

Long v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 774 MIGRATION – cancellation of BF transitional (permanent) visa – power to stay – administrative decision – whether power can be exercised in relation to a decision which has taken effect – whether power can be exercised in respect of continuing effects of decision Administrative Appeals Tribunal Act 1975 (Cth) s 41(2) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 15(1) Conciliation and Arbitration Act 1904 (Cth) s 142A Federal Court of Australia Act 1976 (Cth) s 23 Judiciary Act 1903 (Cth) s 78B Migration Act 1958 (Cth) s 189(1), 196, 196(3), 482, 482(2), 501 Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) s 3 Federal Court Rules O 20 r 5, O 37 r 6 and r 10 Re Patterson; Ex parte Taylor (2001) 182 ALR 657 referred to The Marconi's Wireless Telegraph Company Limited v The Commonwealth (No 3) (1913) 16 CLR 384 referred to McBride v Sandland (No 2)(1918) 25 CLR 369 referred to Re Marks and Federated Iron Workers' Association; Ex parte Australian Building Construction Employees and Builders' Labourers' Federation (1981) 34 ALR 208 discussed Jennings Construction Limited v Burgundy Royale Investments Proprietary Ltd [No 1] (1986) 161 CLR 681 distinguished Long v Minister for Immigration & Multicultural Affairs (1999) 53 ALD 366 referred to Halmi v Minister for Immigration & Multicultural Affairs (1999) 95 FCR 1 discussed Minister for Immigration, Local Government & Ethnic Affairs v Msilanga (1992) 34 FCR 169 referred to Chin Lye Ooi v Minister for Immigration & Multicultural Affairs [2000] FCA 514 referred to Repatriation Commission v Delkou (1985) 8 ALD 454 discussed Webber v Secretary, Department of Social Security (1989) 18 ALD 422 distinguished Bunnings Forest Products Pty Ltd v Bullen (1994) 54 FCR 342 discussed Coleman v Lazy Days Investments Pty Ltd (1995) 55 FCR 297 referred to Challoner v Minister for Immigration & Multicultural Affairs (No 1) [2000] FCA 1600 discussed Challoner v Minister for Immigration & Multicultural Affairs (No 2) [2000] FCA 1601 considered Guss v Johnstone [2000] FCA 1593 considered Re Wardle; Ex parte Widin v Australia & New Zealand Banking Group Limited (1987) 70 ALR 633 referred to BRIAN LONG v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W61 of 2002 RD NICHOLSON J 19 JUNE 2002 PERTH