Dunn v Minister for Immigration & Citizenship [2007] FCA 1745

FEDERAL COURT OF AUSTRALIA

Dunn v Minister for Immigration & Citizenship [2007] FCA 1745

DARRELL DUNN v MINISTER FOR IMMIGRATION & CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL VID 845 OF 2007

TRACEY J

19 NOVEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 845 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: DARRELL DUNN

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGE: TRACEY J DATE OF ORDER: 19 NOVEMBER 2007

WHERE MADE: SYDNEY

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 845 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: DARRELL DUNN

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGE: TRACEY J

DATE: 19 NOVEMBER 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a decision of a Federal Magistrate on 21 August 2007 dismissing an application for judicial review of a decision of the Migration Review Tribunal ("the Tribunal") on 29 January 2007 and handed down on 13 February 2007: see [2007] FMCA 1349. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Citizenship to cancel the appellant's Special Category (Temporary) (Class TY) visa under s 109 of the Migration Act 1958 (Cth) ("the Act"). The circumstances in which the visa came to be cancelled, the reasons of the Tribunal and those of the Federal Magistrate are set out in the Federal Magistrate's decision. 2 The matter had been remitted to differently constituted Tribunals on two previous occasions from the Federal Magistrates Court. The Tribunal's decision on the last occasion is the subject of this appeal.