Sinclair v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 571

FEDERAL COURT OF AUSTRALIA Sinclair v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 571 MIGRATION – judicial review – cancellation of visa – failure to pass character test – substantial criminal record – jurisdictional error conceded – global sentence of eighteen months imprisonment for multiple offences – whether "a term of imprisonment of twelve months or more" for purposes of character test – concession by Minister – term of imprisonment limited to one offence – consent order – within power and appropriate – order made – certiorari issued Migration Act 1958 (Cth) s 501(2) and (7) Plaintiff S157 v The Commonwealth (2003) 195 ALR 24 cited Kovalev v Minister for Immigration and Multicultural Affairs (2000) 100 FCR 323 cited Sanchez v Minister for Immigration & Multicultural Affairs [1999] FCA 265 cited Yulianti v Minister for Immigration & Multicultural Affairs [2001] FCA 142 cited CALLUM ROSS SINCLAIR v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W58 OF 2003 FRENCH J 9 JUNE 2003 (Publication of Reasons) 19 MAY 2003 (Orders Made) PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W58 OF 2003

BETWEEN: CALLUM ROSS SINCLAIR

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 19 MAY 2003

WHERE MADE: PERTH

BY CONSENT THE COURT ORDERS THAT: 1. A writ of certiorari issue directed to the respondent to quash the decision made by the respondent on 14 January 2003 to cancel the applicant's Transitional (Permanent) visa. 2. The respondent pay the applicant'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