VKAW v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 25

FEDERAL COURT OF AUSTRALIA

VKAW v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 25 MIGRATION – cancellation of bridging visa – criteria relevant to determine cancellation – false documents – incorrect information – operation of privative clause.

Migration Act 1958 (Cth): Pt 8 s 101, 103, 109 Judiciary Act 1903 (Cth): s 39B Migration Regulations: reg 2.41 APPLICANT VKAW OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 829 of 2002 GOLDBERG J 24 JANUARY 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 829 of 2002

BETWEEN: APPLICANT VKAW OF 2002

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 24 JANUARY 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of and incidental to the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 829 of 2002

BETWEEN: APPLICANT VKAW OF 2002

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: GOLDBERG J

DATE: 24 JANUARY 2003

PLACE: MELBOURNE

REASONS FOR JUDGMENT

Introduction 1 The applicant is a citizen of Vietnam who arrived in Australia on 3 March 1998 holding a Student (Temporary) (Class TU) Visa, Subclass 560 which expired on 23 March 1999. On 23 March 1999 the applicant applied for a further Subclass 560 student visa and was granted a Bridging A (Class WA‑010) Visa on the basis of that application. On 11 October 2002 the applicant's bridging visa was cancelled and on 14 October 2002 a decision was made to refuse the grant of a student visa. The applicant lodged an application with the Migration Review Tribunal ("the Tribunal") on 15 October 2002 to review the decision relating to the cancellation of the bridging visa and, after a hearing on 23 October 2002, the Tribunal, on 30 October 2002, affirmed the decision of the delegate of the respondent ("the Minister") that the Bridging A (Class WA‑010) Visa held by the applicant be cancelled. On 26 November 2002 the applicant filed an application for an order of review of the decision of the respondent cancelling her bridging visa. 2 In her application for an order of review the applicant set out as the grounds of the application: "I want to stay in Australia to have my baby because I cannot contact my family before the birth."