Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Soo-Choon v Minister for Immigration and Citizenship [2007] FCA 1446
IOAKIMO SOO-CHOON v MINISTER FOR IMMIGRATION AND CITIZENSHIP NSD1770 OF 2007
COWDROY J
31 AUGUST 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1770 OF 2007
BETWEEN: IOAKIMO SOO-CHOON
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Respondent
JUDGE: COWDROY J
DATE OF ORDER: 31 AUGUST 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for injunctive relief contained in the document filed by the applicant entitled Notice of Appeal be dismissed. 2. The proceedings be listed before the duty Judge at 9.30 am on 14 September 2007. 3. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1770 OF 2007
BETWEEN: IOAKIMO SOO-CHOON
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Respondent
JUDGE: COWDROY J
DATE: 31 AUGUST 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 By a document entitled Notice of Appeal received by the Registry of the Court this afternoon, the applicant Mr Soo-Choon seeks an injunction restraining his removal from the jurisdiction which is scheduled to take place this afternoon. The grounds of the application are stated to be that his family are in Australia; he is due to be married on 16 September 2007; and his daughter and fiancé are living in Australia. No other details are provided. 2 Mr Markus has appeared at short notice this afternoon for the Minister for Immigration and Citizenship ('the Minister'). He has provided the Court with a Statement of Reasons for the Minister's decision made on 22 June 2007 to cancel Mr Soo-Choon's special category visa subclass TY444 pursuant to s 501(2) of the Migration Act 1958 (Cth) ('the Act'). 3 Section 501(2) of the Act provides: (2) The Minister may cancel a visa that has been granted to a person if: (a) the Minister reasonably suspects that the person does not pass the character test; and
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