Shu v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 791

FEDERAL COURT OF AUSTRALIA

Shu v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 791

MIGRATION – skilled-independent visa – decision to cancel visa based on 'bogus document' – whether decision maker applied correct test in considering whether document was a 'bogus document' MIGRATION – decision of delegate of Minister – where jurisdictional error – whether a 'primary decision' – whether capable of review by Federal Court WORDS AND PHRASES – 'bogus document'

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 97, 97A, 101, 103, 104, 107, 108, 109, 114, 474, 475A, 476, 494A, 494B, 494C, Pt 2, Div 3, subdiv C Migration Regulations 1994 (Cth) reg 2.41

Immigration & Multicultural Affairs, Minister for v Yusuf (2001) 206 CLR 323 cited Plaintiff S157/2002 v Commonwealth (2003) 195 ALR 24 cited KAI FENG SHU & ORS v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N522 OF 2003 EMMETT J 23 JUNE 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N522 OF 2003

BETWEEN: KAI FENG SHU

FIRST APPLICANT

XINGRONG WANG

SECOND APPLICANT

GUANXIONG SHU

THIRD APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 23 JUNE 2003

WHERE MADE: SYDNEY

THE COURT:

1. grants leave to the applicants to amend the statement of claim; 2. grants leave to the respondent to file in Court a defence; 3. dispenses with the requirement that the defence be verified; 4. orders that the decision of the respondent under s 109 of the Migration Act 1958 (Cth) made on 25 February 2003 to cancel the visas granted to the applicants on 4 December 2001 be set aside; 5. orders that the respondent pay the applicants' costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.