Naidu v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 184

FEDERAL COURT OF AUSTRALIA

Naidu v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 184 MIGRATION – Cancellation of a Permanent Resident Visa – Under section 501 of the Migration Act 1958 (Cth) – Whether appellant denied procedural fairness – Requirement of procedural fairness that person affected by visa revocation know the substance of matters to re relied on to his detriment. Migration Act 1958 (Cth)

Dagli v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 298 referred to Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Palme (2003) 77 ALJR 1829 referred to Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 followed Stead v State Government Insurance Commission (1986) 161 CLR 141 followed Tuncok v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1069 cited VIJENDRA NAIDU V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 426 of 2004 BEAUMONT, CONTI AND CRENNAN JJ SYDNEY 9 JULY 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 426 OF 2004

ON APPEAL FROM A JUDGE OF THE FEDERAL MAGISTRATES COURT

BETWEEN: Vijendra Naidu

APPELLANT

AND: Minister for Immigration and Multicultural and Indigenous Affairs

RESPONDENT

JUDGES: BEAUMONT, CONTI AND CRENNAN JJ

DATE OF ORDER: 9 JULY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application to amend the notice of appeal be granted. 2. The appeal be allowed. 3. The decision of the Federal Magistrate dismissing the application for review be set aside. In lieu thereof, order that the appeal to the Federal Magistrates Court be allowed. Order that the respondent's decision to cancel the appellant's visa, made on 14 December 2002 be set aside. Further order that the matter be remitted to the respondent for reconsideration in accordance with law. 4. The respondent is to pay the appellant's costs of proceeding below and of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.