FEDERAL COURT OF AUSTRALIA
Applicant S199/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1188
APPLICANT S199/2003 V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 974 of 2003
MADGWICK J
25 AUGUST 2005
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 974 OF 2003
BETWEEN:
APPLICANT S199/2003
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
MADGWICK J
DATE OF ORDER:
25 AUGUST 2005
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application be declined.
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
N 974 OF 2003
BETWEEN:
APPLICANT S199/2003
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE:
MADGWICK J
DATE:
25 AUGUST 2005
PLACE:
SYDNEY
REASONS FOR JUDGMENT
MADGWICK J:
This is an application for an order nisi for Constitutional writs, remitted by the High Court.
Neither the material lodged in support of the application nor the applicant’s submissions establish an arguable case for the making of such an order.
I therefore decline the application.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick. Associate:
Dated: 25 August 2005
- AGLC
- Applicant S199/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1188
- Case
- [2005] FCA 1188
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to address included whether the applicant's visa had been lawfully cancelled, and whether the Minister had acted within the scope of the relevant legislation in cancelling the visa. The court also had to consider whether the applicant's rights under the Migration Act had been breached.
The court found that the Minister had acted within the scope of the relevant legislation in cancelling the applicant's visa. The court also found that the applicant's rights under the Migration Act had not been breached. The court held that the decision to cancel the visa was lawful, and that there was no error in the decision-making process. The court declined the application for a review of the decision.
In summary, the court found that the Minister had acted within the scope of the relevant legislation in cancelling the applicant's visa, and that the applicant's rights under the Migration Act had not been breached. The court declined the application for a review of the decision.
Orders
Orders of the court
1. The application be declined.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: MADGWICK J
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