Akpata v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 65

FEDERAL COURT OF AUSTRALIA

Akpata v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 65

MIGRATION – appeal against decision of Minister to refuse visa application made pursuant to s 501 Migration Act 1958 (Cth) ('the Act') – where decision had the effect of cancelling bridging visa held by the appellant and where appellant became liable to be detained and was detained – whether procedural fairness required that appellant be advised of the consequences of an adverse decision made pursuant to s 501 of the Act – whether document upon which Minister signified his decision constituted the reasons for that decision – where Minister took into account irrelevant and sensational material without inviting appellant to comment on it – denial of procedural fairness – appeal allowed. Migration Act 1958 (Cth) ss 501, 501F(3), 501G

Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 referred to Akpata v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 389 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 201 ALR 327 cited Minister for Immigration and Multicultural and Indigenous Affairs v W157/00A (2002) 125 FCR 433 cited Ayan v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 196 ALR 332 cited Bunnag v Minister for Immigration and Ethnic Affairs (1993) 47 FCR 293 cited STEPHEN OGHO AKPATA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 473 OF 2003 CARR, SUNDBERG AND LANDER JJ 25 MARCH 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 473 OF 2003

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: STEPHEN OGHO AKPATA

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS