Madafferi v Minister for Immigration & Multicultural Affairs [2002] FCAFC 220

FEDERAL COURT OF AUSTRALIA

Madafferi v Minister for Immigration & Multicultural Affairs

[2002] FCAFC 220

MIGRATION – judicial review – ministerial setting aside of Administrative Appeals Tribunal decision – refusal of visa – character test – national interest – whether AAT decision in category subject to Ministerial power – retrospective amendment to redefine category – effect of amendment – no evidence ground – national interest – whether too narrowly based on character test outcome – government policy – whether discretion fettered – nature of power – whether preliminary consideration required on whether power to be exercised.

Migration Act 1958 (Cth),s 501A Migration Legislation Amendment (Strengthening of Provisions Relating to Character and Conduct) Act 1998 (Cth) Administrative Appeals Tribunal Act 1975, s 54

Lam v Minister for Immigration and Multicultural Affairs [2002] FCA 175, considered Lam v Minister for Immigration and Multicultural Affairs (2000) 104 FCR 454, considered CDJ v VAJ (1998) 197 CLR 172, cited Allesch v Maunz (2000) 203 CLR 172, cited Minister for Immigration and Multicultural Affairs v Jia (2001) 178 ALR 421, cited Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833, cited Otter Gold Mines Ltd v Australian Securities Commission (1997) 26 AAR 99, cited Liedig v Commissioner of Taxation (Cth) (1994) 50 FCR 461, cited Commissioner of Taxation (Cth) v Swift (1989) 20 ATR 1434, cited Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409, cited Powell v The Administrative Appeals Tribunal and Anor (1998) 89 FCR 1, followed Szajntop v Gerber (1992) 23 ATR 403, followed Daher v Minister for Immigration and Ethnic Affairs (1996) 70 FCR 585, followed Curragh Qld Mining Ltd v Daniel (1992) 34 FCR 212, applied Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, followed Charaev v Minister for Immigration and Multicultural Affairs (2000) 178 ALR 554, referred to Re Patterson; Ex parte Taylor (2000) 182 ALR 657, considered Minister for Immigration and Multicultural Affairs v Gunner (1998) 84 FCR 400, cited Aksu v Minister for Immigration and Multicultural Affairs (2001) 65 ALD 667, referred to Ruhl v Minister for Immigration and Multicultural Affairs (2001) 184 ALR 401, referred to Javillonar v Minister for Immigration v Multicultural Affairs [2001] FCA 854, referred to Turini v Minister for Immigration and Multicultural Affairs [2001] FCA 822, referred to Andarey v Minister for Immigration and Multicultural Affairs [2001] FCA 1544, referred to Awa v Minister for Immigration and Multicultural Affairs [2002] FCA 291, referred to