Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hunyh v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1270
MIGRATION – judicial review of a decision to cancel a visa on character grounds – Vietnamese woman convicted of a serious criminal offence –failure to take into account mitigating factors acknowledged in sentencing remarks of New South Wales Court of Criminal Appeal as well as factors referred to by primary sentencing judge – failure to take into account relevant considerations
Migration Act 1958 (Cth), ss 501(2), (6), (7), 501G Bond Corporation Holdings Limited v Australian Broadcasting Tribunal (1988) 84 ALR 669 Elias v Commissioner of Taxation 2002 ATC 4579 Giris Pty Limited v Federal Commissioner of Taxation (1969) 119 CLR 365 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 R v Clarke (NSWCCA, 15 March 1990, unreported) Re Minister for Immigration & Multicultural Affairs Ex Parte Lam (2003) 77 ALJR 699 Sean Investments Pty Limited v MacKellar (1981) 38 ALR 363 Trustees of the Post Office Staff Superannuation Scheme v Commission of Taxation (1999) 94 FCR 268 WACO v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 171 XUA THI HUNYH v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N350 of 2003 MADGWICK J 7 NOVEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N350 OF 2003
BETWEEN: XUA THI HUNYH
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 7 NOVEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the respondent of 16 October 2002 to cancel the applicant's visa is quashed. 2. The respondent, her servants and agents are prohibited from carrying it into effect. 3. The respondent is to pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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