Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Noeung v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1304
MIGRATION – cancellation of subclass 104 Preferential Family (Remaining Relative) visa under s 128 Migration Act 1958 (Cth) – failure to comply with requirement to give notice under s 129 Migration Act invalidating the cancellation of the visa as jurisdictional precursor to enlivening of function under s 131 Migration Act notwithstanding operation of s 474 Migration Act
Migration Act 1958 (Cth) ss 101, 104, 115, 116, 128, 129, 131 Judiciary Act 1903 (Cth) s 39B Migration Regulations 1994 regs 2.46, 2.55 Wang v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 167 discussed Minister for Immigration and Multicultural and Indigenous Affairs v NAAV [2002] FCAFC 228 discussed and applied Project Blue Sky v Australian Broadcasting Authority (1988) 194 CLR 355 referred to Darko v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 775 referred to and discussed Harihar Banerji v Ramsashi Roy (1918) LR 45 Ind App 222 cited Burnham v Carroll Musgrove Theatres Ltd (1928) 41 CLR 540 cited Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] AC 749 cited Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 referred to and discussed TOUCH NOEUNG v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 262 of 2002 ALLSOP J SYDNEY 25 OCTOBER 2002
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N262 of 2002
BETWEEN: TOUCH NOEUNG
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: ALLSOP J
DATE OF ORDER: 25 OCTOBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The matter stand over to a date to be fixed for the making of orders to give effect to the reasons published today and for any further argument in relation thereto, including as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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