Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nguyen v Minister for Immigration and Multicultural Affairs [2006] FCA 1699
MIGRATION – judicial review – cancellation of visa pursuant to s 109 of the Migration Act 1958 (Cth) – whether information given by the appellant was an 'answer to a question' – relevance of other acts of non-compliance Migration Act 1958 (Cth) ss 99, 101, 104, 109 Migration Regulations 1994 (Cth) reg 2.41 ANH TUAN NGUYEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND MIGRATION REVIEW TRIBUNAL VID 552 OF 2006
MIDDLETON J
12 DECEMBER 2006
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 552 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: ANH TUAN NGUYEN
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE: MIDDLETON J
DATE OF ORDER: 12 december 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs. 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 VID 552 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: ANH TUAN NGUYEN
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE: MIDDLETON J
DATE: 12 december 2006
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This is an appeal from a decision of Federal Magistrate Riethmuller of 10 May 2006 dismissing an application for judicial review of a decision of the Migration Review Tribunal ('the Tribunal') dated 19 May 2005. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs of 28 July 2004 to cancel the appellant's visa for breaches of s 101 and s 104 of the Migration Act 1958 (Cth) ('the Act').
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