Dagli v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 298

FEDERAL COURT OF AUSTRALIA

Dagli v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 298

MIGRATION – decision by respondent to cancel appellant's visa under s 501(2) of the Migration Act 1958 (Cth) – respondent had before him Issues Paper containing material adverse to appellant – appellant not informed of adverse material – denial of natural justice – respondent directed by primary judge during course of hearing to provide reasons for decision – respondent gave reasons but qualified them as being "best recollection" – primary judge concluded that statement of reasons demonstrated that adverse material had no bearing on outcome – whether primary judge gave excessive weight to statement of reasons – whether appellant required to prove "practical injustice" – whether respondent required to establish that breach had no bearing on decision Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 474, 501(2), 501(6), 501(7), 501G(1), 501G(4) Dagli v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 497 at [13]-[14], [38]-[39], [41], [49], [60], [71] referred to Ayan v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 196 ALR 332 discussed Water Board v Moustakas (1988) 180 CLR 491 at 497 referred to NAFF of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 52 at [41]–[46] considered Untan v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 69 at [97] referred to Commissioner for ACT Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 referred to Re Minister for Immigration & Multicultural & Indigenous Affairs; ex parte Palme (2003) 201 ALR 327 applied Kioa v West (1985) 159 CLR 550 cited WAEJ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 188 at [41] referred to Re Ruddock, Minister for Immigration & Multicultural Affairs; ex parte Truong (2001) 202 ALR 305 referred to Minister for Immigration & Multicultural & Indigenous Affairs v W157/00A (2002) 72 ALD 49 followed NARV v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 262 at [16]-[18] referred to Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 considered Re Minister for Immigration & Multicultural Affairs; ex parte Lam (2003) 195 ALR 502 distinguished Re Ruddock; ex parte S154/2002 (2003) 201 ALR 437 considered Tuncok v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1069 at [34] followed Ranginui v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1280 followed Re Refugee Review Tribunal; ex parte Aala(2000) 204 CLR 82 applied Stead v State Government Insurance Commission (1986) 161 CLR 141 applied WACO v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 171 at [57] followed Re Minister for Immigration & Multicultural & Indigenous Affairs; ex parte Applicants S134/2002 (2003) 195 ALR 1 referred to VBAC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 205 referred to ATILLA DAGLI v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N648 of 2003 LEE, GOLDBERG & WEINBERG JJ 19 DECEMBER 2003 SYDNEY