Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Untan v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1448
MIGRATION – visa cancellation under Migration Act 1958 (Cth) s 501(2) – whether applicant's wife and children entitled to procedural fairness before decision made to cancel applicant's visa – whether applicant's wife and children denied procedural fairness – privative clause s 474 – applicant a Romanian citizen – wife and children Australian citizens
Migration Act 1958 (Cth) ss 474, 501 Family Law Act 1975 (Cth) ss 43, 61C, 72 Migration Legislation Amendment (Procedural Fairness) Act 2002 (Cth)
Kioa v West (1985) 159 CLR 550 distinguished Haoucher v Minister for Immigration and Ethnic Affairs (1990) 169 CLR 648 cited R v Criminal Injuries Compensation Board; Ex parte A [1999] 2 AC 330 referred to Re Refugee Tribunal; Ex parte Aala [2000] HCA 57; 204 CLR 82 cited NAAV v Minister for Immigration and Multicultural and Indigenous Affairs ('NAAV') [2002] FCAFC 228 followed NABM of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 294 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited ION UNTAN v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 919 of 2002 BRANSON J 26 NOVEMBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 919 of 2002
BETWEEN: ION UNTAN
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 26 NOVEMBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT the application be dismissed.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 919 of 2002
BETWEEN: ION UNTAN
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
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