Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rinka v Minister for Immigration and Citizenship [2009] FCA 886
MIGRATION – Minister's cancellation of visa under s 501(2) of Migration Act 1958 (Cth) on "character test" ground – person had substantial criminal record – challenge made to Minister's exercise of discretion on ground of breach of natural justice – alleged that without advance notice to visa holder of her intention not to do so, Minister failed to treat "the best interests of" his children as a primary consideration – discussion of what is required to treat best interests of child as a primary consideration. Held on the facts Minister did treat the best interests of the children as a primary consideration. Migration Act 1958 (Cth) s 501 Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 cited Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Lam (2003) 214 CLR 1 cited Wan v Minister for Immigration and Multicultural Affairs (2001) 107 FCR 133 distinguished SOYIET SARUNI RINKA v MINISTER FOR IMMIGRATION AND CITIZENSHIP
NSD 368 of 2009
LINDGREN J
14 AUGUST 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 368 of 2009
GENERAL DIVISION
BETWEEN: SOYIET SARUNI RINKA
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Respondent
JUDGE: LINDGREN J
DATE OF ORDER: 14 AUGUST 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for an extension of time be refused. 2. The proceeding be dismissed as incompetent. 3. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 368 of 2009
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