Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Le v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 708
MIGRATION – application for review of decision to cancel spouse visa – evidence that decision maker had requisite state of satisfaction to cancel visa – decision maker not required to have regard to Migration Regulations 1994 (Cth) reg 1.15A(3) – no jurisdictional error – application dismissed Migration Act 1958 (Cth) ss 116,128 Migration Regulations 1994 (Cth) reg 1.15A(3) Briginshaw v Briginshaw (1938) 60 CLR 336, cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 271-272, 291, cited THUY HANG LE v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS V411 OF 2004 MARSHALL J 4 JUNE 2004 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 411 OF 2004
BETWEEN: THUY HANG LE
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 4 JUNE 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application be dismissed
2. The applicant pay the respondent'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
VICTORIA DISTRICT REGISTRY V 411 OF 2004
BETWEEN: THUY HANG LE
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MARSHALL J
DATE: 4 JUNE 2004
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 The applicant, Ms Thuy Hang Le, is currently being held at the Maribyrnong Detention Centre in Melbourne, together with her two children. She is in her current predicament as a consequence of a decision by a delegate of the respondent Minister to cancel her spouse visa. In saying that I mean no discourtesy to the delegate, who was only doing her job. The delegate attempted to ensure that Ms Le did not depart from Vietnam without being told of her cancellation of her visa. An alert was registered on the computer system of airlines operating out of Vietnam, yet Ms Le and her children were able to leave Vietnam and travel to Australia. 2 The cancellation of visa occurred on 29 March 2004. The circumstances that led to that event are set out below. The issue for determination in the proceeding brought by Ms Le under s 39B of the Judiciary Act 1903 (Cth), amongst other legislative provisions, is whether the delegate's cancellation decision was affected by jurisdictional error.
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