Kostopoulos v Minister for Immigration and Citizenship [2008] FCA 855

Kostopoulos v Minister for Immigration and Citizenship [2008] FCA 855

The Minister had power under s 501(2) of the Migration Act 1958 (Cth) to cancel a transitional (permanent) visa that continued in effect by operation of law, because the legislative intent and statutory context indicate the cancellation power is not confined to visas expressly 'granted' but extends to all visas held, including those acquired by operation of law.

Jurisdiction
Australia
Judgment Date
06 June 2008
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
Application dismissed with costs
Legal Topics
['visa Cancellation' 'character Test' 'operation of Transitional (permanent) Visas' 'judicial Review' 'statutory Interpretation']
['migration Law' 'administrative Law'] ['visa Cancellation' 'character Test' 'operation of Transitional (permanent) Visas' 'judicial Review' 'statutory Interpretation']

Case Brief

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Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 ['Whether the Minister had power under s 501(2) of the Migration Act 1958 (Cth) to cancel a transitional (permanent) visa acquired by operation of law rather than grant' 'Whether the applicant had an absorbed person visa within s 34 of the Migration Act 1958 (Cth)' 'Whether the applicant’s challenge warranted extension of time to file the application']

Ratio Decidendi

The Minister had power under s 501(2) of the Migration Act 1958 (Cth) to cancel a transitional (permanent) visa that continued in effect by operation of law, because the legislative intent and statutory context indicate the cancellation power is not confined to visas expressly 'granted' but extends to all visas held, including those acquired by operation of law.

Court Disposition

Application dismissed with costs

Orders

  • ['The period within which the applicant is to file his application be extended until 22 November 2007.' 'The Commonwealth of Australia be joined as second respondent to the proceedings.' 'The application be dismissed.' "The applicant pay the first respondent's costs of the proceedings."]