Powell v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 717

FEDERAL COURT OF AUSTRALIA

Powell v Minister for Immigration & Multicultural & Indigenous Affairs

[2004] FCA 717

MIGRATION – cancellation of visa under s 501 of Migration Act 1958 (Cth) – whether Issues Document signed by respondent constituted or evidenced his reasons for the decision – Issues Document indicated that cancellation of applicant's visa and removal of her from Australia might have a detrimental effect on her children – no assessment of what were the best interests of those children – no notice given to applicant of any intention to take that course – jurisdictional error established. Migration Act 1958 (Cth), s 501

Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 referred to Minister for Immigration and Multicultural Affairs v W157/00A [2002] FCAFC 281 applied Ayan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 7 referred to Long v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 218 applied Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 applied Javillonar v Minister for Immigration and Multicultural Affairs [2001] FCA 854 applied DEBORAH POWELL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W 50 of 2003 CARR J 8 JUNE 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W50 OF 2003

BETWEEN: DEBORAH POWELL

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: CARR J

DATE OF ORDER: 8 JUNE 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. A writ of certiorari be issued to quash the decision of the respondent, made on 5 February 2003, to cancel the applicant's visa. 2. A writ of prohibition issue prohibiting the respondent from further proceeding to act on that decision. 3. The respondent be restrained from relying upon that decision to detain the applicant for the purpose of removing her from Australia or to remove her from Australia. 4. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.