Yusuf v Minister for Immigration & Multicultural Affairs [2002] FCA 1103

FEDERAL COURT OF AUSTRALIA

Yusuf v Minister for Immigration & Multicultural Affairs [2002] FCA 1103

MIGRATION – Nigerian national – judicial review – application for an order of review of decision of delegate of respondent – whether applicant was held in questioning detention pursuant to s 192 Migration Act 1958 (Cth) – applicant lawful non-citizen and holder of valid visa in the migration zone – temporary visa cancelled on basis that grounds upon which it was granted had ceased to exist and sponsorship of applicant had been withdrawn – processes for cancellation of visas prescribed by Migration Act 1958 (Cth) permit holder of valid visa whose visa might be cancelled adequate time to show that the grounds on which the visa is to be cancelled do not exist or provide other reason why visa should not be cancelled – decision to cancel visa made prior to interview – whether time given to applicant to respond was "reasonable" WORDS & PHRASES – "decision", "reasonable" Migration Act 1958 (Cth) Part 2, Division 3, Subdivisions D and E, ss 116(1)(a), 121, 124, 192, 338, 351, 391, 417, 454, 475(2) (repealed and substituted), 495B Migration Regulations 1994 (Cth), Reg 2.44 OLUWATOYIN OLUWASANMI YUSUF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS No Q 152 of 2001 SPENDER J BRISBANE 6 SEPTEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 152 OF 2001

BETWEEN: OLUWATOYIN OLUWASANMI YUSUF

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 6 SEPTEMBER 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: (1) The application be dismissed. THE COURT DIRECTS THAT: (2) Any written submissions on the question of costs be filed within seven days. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.