Gilbert v Minister for Immigration and Citizenship [2008] FCA 16

FEDERAL COURT OF AUSTRALIA

Gilbert v Minister for Immigration and Citizenship [2008] FCA 16

IMMIGRATION – visas – absorbed person visa – transitional (permanent) visa held concurrently – visa cancelled by Minister due to failure to pass character test – whether Minister cancelled absorbed person visa or transitional (permanent) visa – whether Minister had jurisdiction to cancel visa – whether Minister took into account irrelevant considerations in exercising discretion to cancel visa Held: application dismissed – absorbed person visa cancelled and consequently transitional (permanent) visa cancelled – no irrelevant considerations taken into account Migration Act 1958 (Cth) ss 6, 6(8), 501(2), 501(6), 501F(3) Migration Reform Act 1992 (Cth) s 34(2) Migration Reform (Transitional Provisions) Regulations 1994 (Cth) reg 4 Moore v Minister for Immigration and Citizenship (2007) 161 FCR 236, referred to Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566, applied Hall v Minister for Immigration and Multicultural Affairs (2000) 97 FCR 387, referred to Andary v Minister for Immigration and Multicultural Affairs [2001] FCA 1544, referred to ROY JOSEPH GILBERT v MINISTER FOR IMMIGRATION AND CITIZENSHIP VID 844 OF 2007

MARSHALL J

23 january 2008

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 844 OF 2007

BETWEEN: ROY JOSEPH GILBERT

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

Respondent

JUDGE: MARSHALL J DATE OF ORDER: 23 january 2008

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

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