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Archive for October, 2009

Zhang v Minister for Immigration & Anor [2009] FMCA 196 (9 March 2009)

Friday, October 30th, 2009

MIGRATION – Criminal justice stay certificate and visa – cancellation – operative decision taken by Attorney-General – applicant granted visa as potential witness in prosecution – arguable case that he was denied procedural fairness – application for summary dismissal refused – interim injunction made – referral for legal assistance.


Friday, October 30th, 2009

MIGRATION – Attorney-General’s decision to cancel criminal justice certificate – no hearing afforded – breach of natural justice – whether futile to grant relief – possibility of different decision – decision quashed – consequential relief in relation to criminal justice visa – order restraining Minister for Immigration from acting on invalid cancellation. (more…)

Minister for Immigration and Citizenship v Zhang [2009] FCAFC 129

Friday, October 30th, 2009

MIGRATION – appeal from decision of Federal Magistrate that cancellation by the Attorney-General of a criminal justice stay certificate was invalid – rules of natural justice do not apply to the cancellation of a criminal justice certificate pursuant to s 162(1) of the Migration Act 1958 (Cth) – relevant perspective for the exercise of the power to issue or cancel a criminal justice certificate is that of the administrators of the criminal justice system, not the subject of the certificate – evidence before the delegate was sufficient foundation for the making of the decision to cancel the certificate – appeal allowed (more…)