Coleman v Minister for Immigration & Citizenship [2007] FCA 1500

FEDERAL COURT OF AUSTRALIA

Coleman v Minister for Immigration & Citizenship [2007] FCA 1500

MIGRATION LAW – cancellation of visa on character grounds – unlawful imprisonment – whether officer knows or reasonably suspects person is unlawful non-citizen PRACTICE & PROCEDURE – motion for dismissal of application – no reasonable cause of action – no reasonable prospects of successfully prosecuting application – retrospective operation of judicial lawmaking Federal Court of Australia Act 1976 (Cth)s 31A Migration Act 1958 (Cth) ss 14, 189, 251, 501 Federal Court Rules O 20 r 4

Torrens Aloha Pty Ltd v Citibank NA (1997) 72 FCR 581applied Re Minister for Immigration & Multicultural Affairs; Ex parte Te (2002) 212 CLR 162 cited Nolan v Minister for Immigration & Ethnic Affairs (1988) 165 CLR 178cited R v Bevan; Ex parte Elias and Gordon (1942) 66 CLR 452cited Ruddock v Taylor (2005) 222 CLR 612applied Re Patterson: Ex parte Taylor (2001) 207 CLR 391 distinguished Shaw v Minister for Immigration & Multicultural Affairs (2003) 218 CLR 28 applied CATHERINE COLEMAN IN HER CAPACITY AS EXECUTOR OF THE ESTATE OF GERARD MICHAEL COLEMAN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND THE COMMONWEALTH NSD 2079 OF 2005

EDMONDS J

27 SEPTEMBER 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2079 OF 2005

BETWEEN: CATHERINE COLEMAN IN HER CAPACITY AS EXECUTOR OF THE ESTATE OF GERARD MICHAEL COLEMAN

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

THE COMMONWEALTH

Second Respondent

JUDGE: EDMONDS J

DATE OF ORDER: 27 SEPTEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application filed on 31 October 2005 be dismissed. 2. The applicant pay the first 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