Akpata v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 389

FEDERAL COURT OF AUSTRALIA

Akpata v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 389 MIGRATION ACT – character test – refusal of a parental visa – automatic loss of bridging visa as well – applicant not warned of that consequence – whether denied natural justice. Migration Act 1958 (Cth), s 189(1), s 196(1) and (3), s 474, s 501, s 501F(1) and (3), s 501(6)(a), s 501(7)(c) Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 applied Re Minister for Immigration and Multicultural and Indigenous Affairs Ex parte Akpata [2002] HCA 34 referred to Bunnag v Minister for Immigration and Ethnic Affairs (1993) 47 FCR 293 referred to Suresh v Canada (Minister of Citizenship and Immigration) [2002] 1 SCR 3 referred to Kioa v West (1985) 159 CLR 550 referred to Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 referred to STEPHEN OGHO AKPATA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S423 of 2003 FINN J 1 MAY 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S423 OF 2003

BETWEEN: stephen ogho akpata

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FINN J

DATE OF ORDER: 1 MAY 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of 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

SOUTH AUSTRALIA DISTRICT REGISTRY S423 OF 2003

BETWEEN: stephen ogho akpata

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FINN J

DATE: 1 MAY 2003