Minister for Immigration & Multicultural & Indigenous Affairs v Ball [2004] FCAFC 91

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v Ball

[2004] FCAFC 91 MIGRATION – character test under s 501(7)(d) – substantial criminal record – concurrent sentences – term of each sentence imposed or term of imprisonment for which the sentence or sentences were imposed MIGRATION – s 503A and the Minster's natural justice obligations in relation to protected information when the Minister personally makes a decision under s 501 – are reasonable steps required to divest the information of the protection accorded by s 503A – is the Minister required to divulge protected information MIGRATION – notice of intention to consider cancelling a visa – natural justice – what steps are reasonable when attempting to bring the notice to the attention of an applicant WORDS AND PHRASES – 'substantial criminal record' – 'sentenced to 2 or more terms of imprisonment (whether on one or more occasions), where the total of those terms is 2 years or more' Migration Act 1958 (Cth) ss 32(2), 201(c), 501, 501C(3)(a)(ii), 503A Judiciary Act 1903 (Cth) s 39B Migration Regulations 1994 reg 2.55(7) Migration Legislation Amendment (Strengthening of Provisions Relating to Character and Conduct) Bill (No. 2) 1998 (Cth) Migration Amendment Bill (No 2) 1992 (Cth) Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 considered Evans v Minister for Immigration & Multicultural & Indigenous Affairs [2004] 203 ALR 320 followed George v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 38 cited Hicks v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 757 considered Mill v The Queen (1988) 166 CLR 59 cited Minister for Immigration and Ethnic Affairs v Sciascia (1991) 31 FCR 364 followed Osborne v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 124 FCR 416 followed Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476 applied R H McL v The Queen (2000) 203 CLR 452 cited R v Melville (1956) 73 WN (NSW) 579 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502 applied Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 applied Te v Minister for Immigration and Ethnic Affairs [1999] 88 FCR 264 cited Winsor v Boaden (1953) 90 CLR 345 followed Wong v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 51 not followed Oxford English Dictionary MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v AMANDA BALL V585 OF 2003 DOWSETT, JACOBSON & BENNETT JJ 22 APRIL 2004 SYDNEY (VIA VIDEO LINK) (HEARD IN MELBOURNE)