Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Thang Gia Uy Vo v Minister for Immigration and Citizenship [2007] FCA 1599
MIGRATION – application for summary dismissal of application to review a decision of the Administrative Appeals Tribunal – whether any reasonable prospect of prosecuting the claim Administrative Appeals Tribunal Act 1975 (Cth), s 44 Federal Court of Australia Act 1976 (Cth), s 31A Migration Act 1958 (Cth), ss 5E, 474, 476A, 477A, 483, 500, 501 Bodruddaza v Minister for Immigration and Multicultural and Indigenous Affairs (2007) 234 ALR 114 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 THANG GIA UY VO v MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR NSD 1419 OF 2007
SACKVILLE J
22 OCTOBER 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1419 OF 2007
BETWEEN: THANG GIA UY VO
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
JUDGE: SACKVILLE J DATE OF ORDER: 22 OCTOBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal from the decision of the Administrative Appeals Tribunal given on 25 June 2007 be dismissed. 2. The applicant pay the first respondent's costs of the appeal, including the motion filed by the first respondent on 17 September 2007. 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 NSD 1419 OF 2007
BETWEEN: THANG GIA UY VO
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
JUDGE: SACKVILLE J
DATE: 22 OCTOBER 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The first respondent ('Minister') has filed a motion seeking an order dismissing what purports to be an appeal by the applicant from a decision of the Administrative Appeals Tribunal ('AAT') given on 25 June 2007. The AAT affirmed a decision of a delegate of the Minister to cancel the applicant's visa on the ground that he did not satisfy the character test set out in s 501 of the Migration Act 1958 (Cth) ('Migration Act'). The Minister's motion is brought pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth) ('Federal Court Act'). Section 31A(2) of the Federal Court Act empowers the Court to grant summary judgment in favour of a respondent if the Court is satisfied that the applicant: 'has no reasonable prospect of successfully prosecuting the proceeding …' 2 The applicant is presently in immigration detention. He is unrepresented in these proceedings. His case for resisting the Minister's motion is set out in an affidavit he filed shortly before the hearing.
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