Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Koosasi v Minister for Immigration and Multicultural Affairs [2006] FCA 1260
MIGRATION – cancellation of business visa pursuant to s 134(1) of the Act – finding by Tribunal that the enterprise was not an 'eligible business' within the meaning of the Act – whether Tribunal asked itself the right questions – whether Tribunal found the enterprise was a 'business' – whether Tribunal looked to state of affairs of the enterprise as at the date of cancellation of the visa in determining whether it was an 'eligible business' – Held: Tribunal overlooked the requirement to determine whether it was reasonable to believe the enterprise was resulting in one or more of the outcomes identified in the definition of 'eligible business'. Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2B), 44(1) Migration Act 1958 (Cth) s 134 Hope v Bathurst City Council (1980) 144 CLR 1 cited BUDI SOESANTO KOOSASI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NSD 571 OF 2006
BRANSON J
21 SEPTEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 571 OF 2006
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: BUDI SOESANTO KOOSASI
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: BRANSON J
DATE OF ORDER: 21 SEPTEMBER 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal be set aside and the matter remitted to the Tribunal to be determined according to law. 3. The respondent pay the applicant's costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 571 OF 2006
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: BUDI SOESANTO KOOSASI
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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