Lesi v Minister for Immigration & Multicultural and Indigenous Affairs [2003] FCA 209

FEDERAL COURT OF AUSTRALIA

Lesi v Minister for Immigration & Multicultural and Indigenous Affairs [2003] FCA 209 MIGRATION – whether a subclass 831 visa issued to the applicant is still in effect – whether visa ceased to have effect because when he left Australia applicant did so because of a deportation order – deportation order set aside by Administrative Appeals Tribunal after applicant had been removed from Australia in execution of the order – effect of the decision of the Administrative Appeals Tribunal.

Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 82(4), 200, 201, 206, 253, 500, 502

Lesi v Minister for Immigration & Multicultural Affairs [2000] FCA 1882 referred to Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 1426; (2000) 105 FCR 453, discussed Commissioner for Railways (NSW) v Cavanough (1935) 53 CLR 220 distinguished Wattmaster Alco Pty Ltd v Button (1986) 70 ALR 330 distinguished Minister for Immigration & Multicultural Affairs v Bhardwaj [2002] HCA 11; 187 ALR 117 distinguished Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 cited BERNARD LESI v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS No S 245 of 2002 von DOUSSA J ADELAIDE 19 MARCH 2003

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 245 OF 2002

BETWEEN: BERNARD LESI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: von DOUSSA J

DATE OF ORDER: 19 MARCH 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. Application dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 245 OF 2002

BETWEEN: BERNARD LESI