Zhang v Minister for Immigration and Citizenship

The case of Zhang v Minister for Immigration and Citizenship involved an applicant contesting the decision to cancel his criminal justice visa. The applicant sought an interim injunction to prevent his removal from Australia pending the outcome of the application for judicial review of the decision. The first respondent was the Minister for Immigration and Citizenship, and the Attorney-General for the Commonwealth was added as a respondent in relation to the review of his decision under the Migration Act.

The court had to decide whether the decision of the Attorney-General to cancel the criminal justice certificate was void due to a failure to afford procedural fairness, as per the case of Wasfi v Commonwealth (1998) 83 FCR 16. If the court found the decision to be void, it would then consider whether the applicant's criminal justice visa, granted on 24 June 2004, should continue in effect. Additionally, the court had to determine whether the applicant should be granted leave to amend his application and whether the procedural steps for filing and serving additional affidavits should be adjusted.

The court restrained the first respondent from removing the applicant from Australia until further order or the conclusion of the proceeding. It included the Attorney-General as a respondent and granted the applicant leave to file and serve an amended application with complete particulars of each ground. The court also set deadlines for filing additional affidavits and outlined the procedural steps for the hearing. The court dispensed with the requirement for a show-cause hearing and listed the application for final hearing. The applicant was referred to the NSW District Registrar for legal assistance, and the court provided guidelines for filing documents and serving copies on the solicitors of the first respondent.