Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nguyen v Minister for Immigration and Citizenship [2008] FCA 199
MIGRATION – cancellation of visa – decision by Minister personally – whether Minister obliged to afford visa holder an oral hearing Constitution, s 75(v) Federal Court Rules, O 62 r 5(a), r 40C(4),(5), Schedule 2, item 43H Migration Act 1958 (Cth), ss 425(1), 474(1),(2),(3)(b), 476(1), 499, 500(1)(b), 501(2), (3),(6),(7), 501G(1) Nystrom v Minister for Immigration (2005) 143 FCR 420 cited Minister for Immigration v Nystrom (2006) 230 ALR 370 cited Sales v Minister for Immigration [2006] FCA 1807 cited Plaintiff S157/2002 v Commonwealth (2003) 162 CLR 476 referred to Heatley v Tasmanian Racing and Gaming Commission (1977) 137 CLR 487 referred to Chen v Minister for Immigration and Ethnic Affairs (1994) 48 FCR 591 referred to M238/2002 v Minister for Immigration, Multicultural & Indigenous Affairs [2003] FCA 936 discussed Minister for Immigration and Multicultural Affairs v Jia (2000) 205 CLR 507 referred to Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 cited NGOC TONGUYEN v MINISTER FOR IMMIGRATION AND CITIZENSHIP NSD2319 OF 2007
SACKVILLE J
6 MARCH 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD2319 OF 2007
BETWEEN: NGOC TO NGUYEN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND CITZENSHIP
RESPONDENT
JUDGE: SACKVILLE J
DATE OF ORDER: 6 MARCH 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the respondent's costs fixed in the sum of $4,500. 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 NSD2319 OF 2007
BETWEEN: ngoc to nguyen
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