Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kostopoulos v Minister for Immigration and Citizenship [2008] FCA 855
MIGRATION – Minister's power to cancel visas on character grounds – cancellation power limited to visas that have been granted to persons – applicant holder of a transitional (permanent) visa – whether applicant was granted a transitional (permanent) visa – whether the Minister had the power to cancel the applicant's transitional (permanent) visa Migration Act 1958 (Cth) ss 31, 34, 476A, 477A, 501Migration Reform Act 1992 (Cth), ss 40, 42 Judiciary Act 1903 (Cth) s 39B Migration (Offences and Undesirable Persons) Amendment Act 1992 (Cth) Migration Legislation Amendment Act 1989 (Cth) Migration Reform (Transitional Provisions) Regulations 1994 (Cth), regs 4(1), 9 Migration Regulations 1994 (Cth)
Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 cited Hall v Minister for Immigration and Multicultural Affairs (2000) 97 FCR 387 cited Andary v Minister for Immigration & Multicultural Affairs [2002] FCA 1380 cited Moore v Minister for Immigration and Citizenship (2007) 161 FCR 236 cited THEODORE KOSTOPOULOS v MINISTER FOR IMMIGRATION AND CITIZENSHIP and COMMONWEALTH OF AUSTRALIA NSD 2317 OF 2007
MOORE J
6 JUNE 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2317 OF 2007
BETWEEN: THEODORE KOSTOPOULOS
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
COMMONWEALTH OF AUSTRALIA
Second Respondent
JUDGE: MOORE J DATE OF ORDER: 6 JUNE 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. To the extent that it is necessary, the period within which the applicant is to file his application be extended until 22 November 2007. 2. The Commonwealth of Australia be joined as second respondent to the proceedings. 3. The application be dismissed. 4. The applicant pay the first respondent's costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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