Zekiroski v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1288

FEDERAL COURT OF AUSTRALIA

Zekiroski v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1288 MIGRATION – judicial review – cancellation of visa – character test – test satisfied – discretion to cancel visa – oral hearing – hearing interrupted – whether denial of natural justice

Migration Act 1958 (Cth) s 501 Azzi v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 120 FCR 48 cited Kioa v West (1985) 159 CLR 550 applied Luu v Renevier (1989) 91 ALR 39 cited Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 553 cited NABC v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 79 ALD 138 applied Videto v Minister for Immigration and Ethnic Affairs (1985) 8 FCR 167 cited WADU v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1252 cited

M Aronson, B Dyer and M Groves, Judicial Review of Administrative Action (3rd ed, 2004) STEVEN ZEKIROSKI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 941 of 2003 FINKELSTEIN J 8 OCTOBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V941 of 2003

BETWEEN: STEVEN ZEKIROSKI

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: FINKELSTEIN J

DATE OF ORDER: 8 OCTOBER 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 V941 of 2003

BETWEEN: STEVEN ZEKIROSKI

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS