Nguyen Van Son v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 875

FEDERAL COURT OF AUSTRALIA

Nguyen Van Son v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 875

MIGRATION – cancellation of visa – whether Minister's reasons for decision constituted by decision record read with issues document – whether Minister in jurisdictional error for failing to take into account best interests of the children – whether Minister failed to consider children were Australian citizens – whether Minister failed to consider children's position if they did not accompany applicant to Vietnam – application unable to establish jurisdictional error Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 474, 501G(1)(e), 501(2), 501(6), 501(7) Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 approved Minister for Immigration & Multicultural Affairs v W157/00A (2002) 72 ALD 49 followed Ayan v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 196 ALR 332 cited Minister for Immigration & Ethnic Affairs v Teoh (1995) 183 CLR 273 approved Wan v Minister for Immigration & Multicultural Affairs (2001) 107 FCR 133 approved Suleyman v Minister for Immigration & Multicultural Affairs [2000] FCA 610 approved Suleyman v Minister for Immigration & Multicultural & Indigenous Affairs [2000] FCA 1540 approved B & B v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 30 Fam LR 181 cited Hui v Minister for Immigration & Multicultural Affairs [1999] FCA 985 cited Sanders v Snell (1998) 196 CLR 329 cited Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 cited NGUYEN VAN SON V MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W342 of 2002 RD NICHOLSON J 22 AUGUST 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W342 OF 2002

BETWEEN: NGUYEN VAN SON