Hopkins v Minister for Immigration and Citizenship [2007] FCA 1108

FEDERAL COURT OF AUSTRALIA

Hopkins v Minister for Immigration and Citizenship [2007] FCA 1108 MIGRATION - cancellation of visa by Minister on character grounds – whether Minister failed to consider best interests of the applicant's children as a primary consideration – whether Minister failed to identify the best interests of the children – whether inference available that a finding was made as to children's best interests - whether Minister obliged to make inquiries Migration Act 1958 (Cth) s 501(2) Boyes v Minister for Immigration and Citizenship [2007] FCA 505 discussed Chong Mun Chai v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1460 discussed Djalic v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 292 discussed Minister for Immigration and Multicultural Affairs v W157/00A (2002) 125 FCR 433 applied Vaitaiki v Minister for Immigration and Ethnic Affairs (1998) 150 ALR 608 discussed Van Son v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 875 referred to Wan v Minister for Immigration and Multicultural Affairs (2001) 107 FCR 133 discussed BRIAN STUART HOPKINS v MINISTER FOR IMMIGRATION AND CITIZENSHIP NSD 248 OF 2007

MOORE J

2 AUGUST 2007

MELBOURNE (BY VIDEOLINK TO SYDNEY)(HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 248 OF 2007

BETWEEN: BRIAN STUART HOPKINS

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

Respondent

JUDGE: MOORE J

DATE OF ORDER: 2 AUGUST 2007

WHERE MADE: MELBOURNE (BY VIDEOLINK TO SYDNEY)(HEARD IN SYDNEY)

THE COURT ORDERS THAT:

1. The application for an extension of time be allowed. 2. The application be dismissed. 3. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA