Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tapel v Minister for Immigration & Citizenship [2008] FCA 857
MIGRATION – application for an order of review of Minister's decision to cancel visa on character grounds – whether address on notice of intention to consider cancellation of visa and notice of cancellation constitutes a breach of s 494B of Migration Act 1958 (Cth) – whether Minister's failure to address the fact that applicant was in custody and without professional advice constitutes a denial of procedural fairness – whether s 501 of Migration Act 1958 (Cth) offends the integrity of the courts – whether Minister took into account an irrelevant consideration Migration Act 1958 (Cth) ss 494B, 501, 501G Migration Regulations 1994 (Cth) reg 2.55 Federal Court Rules O 62 r 4 Chan Ta Srey v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1292 cited Djalic v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 292 applied Ex parte Walsh and Johnson; Re Yates (1925) 37 CLR 36 cited Osborne v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 124 FCR 416 discussed Sales v Minister for Immigration and Multicultural Affairs [2006] FCA 1807 distinguished Tuncok v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 172 cited Vean of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 311 cited JOEL TAPEL v MINISTER FOR IMMIGRATION AND CITIZENSHIP
NSD 89 of 2008
STONE J
10 JUNE 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 89 of 2008
BETWEEN: JOEL TAPEL
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Respondent
JUDGE: STONE J DATE OF ORDER: 10 JUNE 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
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