Minister for Immigration and Multicultural and Indigenous Affairs v Griffiths [2004] FCAFC 22

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural and Indigenous Affairs v Griffiths

[2004] FCAFC 22

MIGRATION – cancellation of visa – alleged failure to give reasons for cancellation – whether failure to give reasons infected decision with jurisdictional error – whether Wednesbury unreasonableness shown – whether denial of procedural fairness – whether failure to consider interests of the child

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 501 and 501G

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex Parte Palme (2003) 201 ALR 327 applied Tuncok v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1069 applied MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v ELTON MICHAEL DAVID GRIFFITHS V 538 of 2003 BLACK CJ, DOWSETT AND JACOBSON JJ 13 FEBRUARY 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 538 of 2003

On appeal from the Federal Magistrates Court

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

APPELLANT

AND: ELTON MICHAEL DAVID GRIFFITHS

RESPONDENT

JUDGES: BLACK CJ, DOWSETT & JACOBSON JJ

DATE OF ORDER: 13 FEBRUARY 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders of Federal Magistrate McInnis made on 20 June 2003 be set aside. 3. In lieu thereof, it be ordered that the respondent's application to the Federal Magistrates Court be dismissed. 4. The respondent pay the appellant's costs of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 538 of 2003

On appeal from the Federal Magistrates Court

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS