Minister for Immigration & Multicultural & Indigenous Affairs v Godley [2005] FCAFC 10

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v Godley [2005] FCAFC 10 MIGRATION – appeal from a single Judge – discretion to refuse to grant a visa – where Minister decided applicant 'did not pass the "Character Test"' by reference to supposed criminal and general conduct – whether finding required by Minister that a person was not 'of good character'. PRACTICE & PROCEDURE – appeal from a single Judge – where Minister concluded that applicant was guilty of criminal conduct without warning the applicant such a conclusion might be made – whether breach of procedural fairness.

Migration Act 1958 (Cth), s 501 Dagli v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 298 referred to Irving v Minister for Immigration (1993) 44 FCR 540 referred Irving v Minister for Immigration, Local Government and Ethnic Affairs (1996) 68 FCR 422 referred to Minister for Immigration and Ethnic Affairs v Baker (1997) 73 FCR 187 referred to MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V KARL WILLY NEVILLE GODLEY W 158 of 2004 MADGWICK, LANDER AND CRENNAN JJ 18 FEBRUARY 2005 SYDNEY (HEARD IN PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 158 OF 2004

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

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

APPELLANT

AND: KARL WILLY NEVILLE GODLEY

RESPONDENT

JUDGES: MADGWICK, LANDER AND CRENNAN JJ

DATE OF ORDER: 18 FEBRUARY 2005

WHERE MADE: SYDNEY (HEARD IN PERTH)

THE COURT ORDERS THAT: 1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA