FEDERAL COURT OF AUSTRALIA
Khan v Minister for Immigration & Multicultural Affairs [2001] FCA 1233
MOHAMMED YOUNUS KHAN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
N959 of 2001
MADGWICK J
20 AUGUST 2001
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N959 of 2001
BETWEEN:
MOHAMMED YOUNUS KHAN
APPLICANTAND:
MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENTJUDGE:
MADGWICK J
DATE OF ORDER:
20 AUGUST 2001
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application be dismissed.
2.The applicant pay the respondent’s costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N959 of 2001
BETWEEN:
MOHAMMED YOUNUS KHAN
APPLICANTAND:
MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE:
MADGWICK J
DATE:
20 AUGUST 2001
PLACE:
SYDNEY
REASONS FOR JUDGMENT
(revised from transcript)HIS HONOUR:
In this matter the applicant seeks the form of judicial review available in this Court in respect of an adverse decision by the Migration Review Tribunal, affirming the decision of a delegate of the respondent Minister refusing him the grant of a “student (temporary) (class TU) visa”. The applicant has not appeared upon the matter being called for hearing and efforts by my Associate to contact him, on two telephone numbers that he has provided in connection with his application to the court and otherwise, have been unsuccessful.
On the face of it, the submissions filed by counsel for the respondent Minister appear compelling and I see no reason not to invoke the Court’s powers under O 32 r 2(1)(c) of the Federal Court Rules, as the respondent asks that I do. Accordingly, I dismiss the application with costs.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick. Associate:
Dated: 3 September 2001
No appearance by the Applicant. Counsel for the Respondent: R Beech-Jones Solicitor for the Respondent: Clayton Utz Date of Hearing: 20 August 2001 Date of Judgment: 20 August 2001
- AGLC
- Khan v Minister for Immigration and Multicultural Affairs [2001] FCA 1233
- Case
- [2001] FCA 1233
- Decision Date
CaseChat Overview and Summary
The legal issues in this case revolved around whether the Minister had acted lawfully in cancelling Mr Khan’s visa and whether the decision was reasonable. The court had to consider whether the Minister had properly considered all relevant factors, including the nature and circumstances of Mr Khan’s criminal history, his length of residence in Australia, and his family ties.
The court found that the Minister had acted lawfully in cancelling Mr Khan’s visa and that the decision was reasonable. The court noted that Mr Khan had a significant criminal history and that his offending had involved violence and drug-related offences. The court also found that the Minister had properly considered all relevant factors and that the decision was not unreasonable. The court further found that the Minister had not failed to give Mr Khan a reasonable opportunity to be heard and that there was no procedural unfairness in the decision-making process.
The court dismissed Mr Khan’s application and ordered that he pay the Minister’s costs. The court found that the Minister’s decision to cancel Mr Khan’s visa was lawful and reasonable and that there was no basis for the court to interfere with the decision. The court also noted that Mr Khan had failed to establish any grounds for the court to grant him relief.
Orders
Orders of the court
1. The application be dismissed.
2. The applicant pay the respondent’s costs.
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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