Leghaei v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1118

FEDERAL COURT OF AUSTRALIA

Leghaei v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1118 MANSOUR LEGHAEI & ORS v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS A21 of 2002 MADGWICK J 27 JULY 2004 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A21 of 2002

DISTRICT REGISTRY

BETWEEN: MANSOUR LEGHAEI

FIRST APPLICANT

MARZIEH TABATABAEI LEGHAEI

SECOND APPLICANT

MOHAMMAD ALI LEGHAEI

THIRD APPLICANT

FATIMA LEGHAEI

FOURTH APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

DIRECTOR-GENERAL OF SECURITY

SECOND RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 27 JULY 2004

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The second respondent is to pay one third of the costs of the applicants. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A21 of 2002

DISTRICT REGISTRY

BETWEEN: MANSOUR LEGHAEI

FIRST APPLICANT

MARZIEH TABATABAEI LEGHAEI

SECOND APPLICANT

MOHAMMAD ALI LEGHAEI

THIRD APPLICANT

FATIMA LEGHAEI

FOURTH APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

DIRECTOR-GENERAL OF SECURITY

SECOND RESPONDENT

JUDGE: MADGWICK J

DATE: 27 JULY 2004

PLACE: CANBERRA

REASONS FOR JUDGMENT HIS HONOUR: 1 This is an unusual case. The applicant sought relief against administrative decisions both of the Minister responsible for immigration affairs and the Director General of Security. The effect of the migration legislation, as I understand it, is that if the holder of a visa has been assessed by the competent Australian authorities (represented in these proceedings by the Director General of Security) to be directly or indirectly a risk to Australian national security, the Minister must cancel the visa.