Minister for Immigration & Multicultural & Indigenous Affairs v George [2004] FCAFC 276

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v George [2004] FCAFC 276 MIGRATION – cancellation of visa under s 501(2) of the Migration Act 1958 (Cth) –s 501(2) contemplates opportunity to endeavour to persuade the Minister not to exercise his or her discretion to cancel the visa in the event of Minster finding the visa holder does not pass the character test – Minister's mistaken belief that visa holder had been notified amounted to jurisdictional error PRACTICE AND PROCEDURE – failure to notify visa holder of intention to cancel visa under s 501(2) of the Migration Act 1958 (Cth) - visa holder not accorded procedural fairness because s 510 (2) contemplates the opportunity to be heard prior to cancellation M`igration Act 1958 (Cth), ss 494B, 494B(4), 499, 501, 501(2), 501(6), 504(1)(e), 504(3), 501(6) Migration Regulations 1994, reg 2.55

George v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 38 Von Einem v Griffin (1998) 72 SASR 110 referred to Osborne v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 124 FCR 416 referred to Osborne v The Minister [2002] FCA 1113 applied Tickner v Chapman (1995) 57 FCR 451 referred to R v Criminal Injuries Compensation Board; Ex Parte A [1999] 2 AC 330 applied Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 referred to Plaintiff s157 of 2002 v Commonwealth of Australia [2003] HCA 2 referred to MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS v GAVIN SEAN GEORGE W41 OF 2004 BLACK CJ, EMMETT & SELWAY JJ 25 OCTOBER 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W41 OF 2004

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

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS