Minister for Immigration & Multicultural Affairs v W157/00A [2002] FCAFC 281

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v W157/00A [2002] FCAFC 281 MIGRATION – cancellation of visa under s 501 of Migration Act 1958 (Cth) – a signed departmental briefing paper not a written notice which sets out the reasons for the decision made – failure to give the written notice required by s 501G(1)(e) not a ground of review under s 476(1)(a) – not "in connection with the making of the decision" – whether best interests of children taken into account – not possible to demonstrate failure in absence of notice setting out reasons of decision maker Migration Act 1958 (Cth) ss 368, 430, 476, 501(2) Administrative Appeals Tribunal Act 1975 (Cth) ss 28(1), 43(2) Acts Interpretation Act 1901 (Cth) s 25D Judiciary Act 1903 (Cth) s 78B Constitution s 61 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah [2001] HCA 22; 206 CLR 57 referred to Vaitaiki v Minister for Immigration and Ethnic Affairs (1998) 150 ALR 608 referred to Carlson v King (1987) WN (NSW) 65 cited Suresh v Canada (Minister of Citizenship and Immigration) 2002 SCC 1 File No 27790 referred to Re Ruddock, Minister for Immigration and Multicultural Affairs; Ex parte Truong 22 March 2001 unreported (HC) discussed Diep v Minister for Immigration and Multicultural Affairs [2001] FCA 1130 cited Javillonar v Minister for Immigration and Multicultural Affairs [2001] FCA 854 cited Adams v Minister for Immigration and Multicultural Affairs [2001] FCA 552 cited Ruhl v Minister for Immigration and Multicultural Affairs [2001] FCA 648; 184 ALR 401 cited Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 180 ALR 1 referred to Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; 180 ALR 117 cited Xu v Minister for Immigration and Multicultural Affairs (FC) [1999] FCA 1741; 168 ALR 621 cited Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 referred to Perez v Minister for Immigration & Multicultural Affairs [2002] FCA 450 referred to Wan v Minister for Immigration and Multicultural Affairs [2001] FCA 568; 107 FCR 133 cited Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 referred to Our Town FM Pty Ltd v Australian Broadcasting Tribunal (No 1) (1987) 77 ALR 577 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited Telstra Corporation Ltd v Seven Cable Television Pty Ltd (2000) 178 ALR 707 cited Suleyman, Zakariya (Farah) v Minister for Immigration and Multicultural Affairs [2000] FCA 610 referred to De Smith et al Judicial Review of Administrative Action (5th Ed) Craig 'The Common Law, Reasons and Administrative Justice' (1994) 53 CLJ 282 MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v W157/00A W533 of 2001 BRANSON, GOLDBERG & ALLSOP JJ 4 SEPTEMBER 2002 SYDNEY (HEARD IN PERTH)