Zaoui v Minister for Immigration and Citizenship [2011] FCA 1469

FEDERAL COURT OF AUSTRALIA

Zaoui v Minister for Immigration and Citizenship [2011] FCA 1469 Citation: Zaoui v Minister for Immigration and Citizenship [2011] FCA 1469

Parties: SAMIR ZAOUI v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 1443 of 2011

Judge: FOSTER J

Date of judgment: 16 December 2011

Catchwords: MIGRATION – whether the Administrative Appeals Tribunal committed jurisdictional error in affirming a decision of a delegate of the Minister for Immigration and Citizenship under s 501(2) of the Migration Act 1958 (Cth) to cancel the applicant's visa – applicant seeking merits review – no jurisdictional error demonstrated

Legislation: Migration Act 1958 (Cth), ss 5(1), 474(1), 476A, 477A, 483 and 501(2) Constitution, s 97(v)

Date of hearing: 16 December 2011

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 33

Counsel for the Applicant: The Applicant appeared in person

Counsel for the Respondent: Mr T Reilly

Solicitor for the Respondent: Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1443 of 2011

BETWEEN: SAMIR ZAOUI

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE: FOSTER J DATE OF ORDER: 16 DECEMBER 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The applicant pay the first respondent's costs of and incidental to the application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.