Johnson v Minister for Immigration & Multicultural & Indigenous Affairs (No. 3) [2004] FCA 137

FEDERAL COURT OF AUSTRALIA

Johnson v Minister for Immigration & Multicultural & Indigenous Affairs

(No 3) [2004] FCA 137

MIGRATION – cancellation of visa – failure to pass character test – purported cancellation of 444-Special Category Visa – national of New Zealand living in Australia since 1981 – whether deemed holder of absorbed person's visa – whether ceased to be an immigrant at 2 April 1984 – criteria of absorption into community – child – part of family unit migrating to Australia – cancellation of non-existent deemed visa – visa actually held not subject to ministerial decision – cancellation decision invalid

CONSTITUTIONAL LAW - immigration – limits of immigration power – cessation of immigrant status – membership of community – absorption – criteria – child – part of family unit

Migration Act 1958 (Cth) s 501(2), s 501(6), s 501(7), s 34

Migration Legislation Amendment Act 1989 (Cth)

Migration Reform Act 1992 (Cth)

Migration Reform (Transitional Provisions) Regulations 1994reg 17

Johnson v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 758 cited

Johnson v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2003] FCA 1104 cited

Re Patterson; Ex parte Taylor (2001) 207 CLR 391 cited

Nolan v Minister for Immigration and Ethnic Affairs (1988) 165 CLR 178 cited

Re Minister for Immigration and Multicultural Affairs; Ex parte Te and Dang (2002) 193 ALR 37 cited

Long v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1422 cited

Shaw v Minister for Immigration and Multicultural Affairs (2003) 203 ALR 143 followed

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 201 ALR 327 cited

NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 193 ALR 499 cited

Minister for Immigration and Multicultural and Indigenous Affairs v Schwart [2003] FCAFC 229 cited