Chhuon v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 565

FEDERAL COURT OF AUSTRALIA

Chhuon v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 565

MIGRATION – cancellation of visa – whether notice of cancellation given under s 128 given in prescribed way – whether notice of cancellation given but specified time for response not given – whether decision not to revoke cancellation of visa may be made despite failure to comply fully with s 128. MIGRATION – decision not to revoke cancellation of visa under s 131 – whether decision made in good faith – whether decision involved jurisdictional error from error of law by decision-maker.

Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) ss 5, 99, 101, 116, 128, 129, 131, 474 Cheaib v Minister for Immigration and Multicultural Affairs (1997) 145 ALR 379; [1997] FCA 562 followed Wang v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 167 cited Noeung v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1304 followed Jalal v Minister for Immigration & Multicultural Affairs (2000) 60 ALD 779; [2000] FCA 207 referred to SBBS v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 194 ALR 749 [2002] FCAFC 361 followed Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied Plaintiff S157 v Commonwealth of Australia [2003] 195 ALR 24; [2003] HCA 2 followed Paul v Minister for Immigration and Multicultural Affairs [2001] FCA 1196 cited BUNKHENG CHHUON v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S 218 OF 2002 MANSFIELD J 6 JUNE 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 218 OF 2002

BETWEEN: BUNKHENG CHHUON

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT