Le v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 51

FEDERAL COURT OF AUSTRALIA

Le v Minister for Immigration & Multicultural & Indigenous Affairs

[2005] FCAFC 51 MIGRATION – appeal from decision of single judge dismissing application for review – cancellation of visa under s 501(2) of the Migration Act 1958 (Cth) – procedural fairness – where no written notice setting out reasons for the decision – whether Issues Paper and its annexures put the essential elements of the appellant's case to the Minister – whether Issues Paper and its annexures contained an accurate summary of the matters put by the appellant to the Departmental Officer – whether Issues Paper and its annexures properly identified the issues raised by the appellant concerning the best interest of the appellant's children – whether Minister failed to consider the best interest of the children as a primary consideration – whether there was no consideration 'in truth' of the best interests of the children – the Departmental Officer was not obliged to make further enquiries – the practical content of the obligation to provide procedural fairness was complied with – appeal dismissed

Migration Act 1958 (Cth), ss 198(1), 501(2), 501G Acts Interpretation Act 1901 (Cth), s 25D Braganza v Minister for Immigration, Multicultural and Indigenous Affairs [2003] FCAFC 170 referred to Djalic v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 488 cited Khan v Minister for Immigration & Ethnic Affairs (unreported, Gummow J, 11 December 1987) referred to Le v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 875 referred to Long v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 218 cited Lu v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 340 referred to M238 of 2002 v The Honourable Phillip Ruddock, Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 260 referred to Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 referred to Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 211 ALR 126 referred to Minister for Immigration & Multicultural & Indigenous Affairs v Lorenzo [2005] FCAFC 13 cited Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 referred to Minister for Immigration & Multicultural & Indigenous Affairs v W157/00A (2002) 125 FCR 433 cited Minister for Immigration & Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Nezovic v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) (2003) 133 FCR 190 cited Nguyen v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 757 cited Perez v Minister for Immigration & Multicultural Affairs (2002) 119 FCR 454 cited Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Lam (2003) 195 ALR 502 Sebastian v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 31 cited Taurino v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 119 cited Vaitaiki v Minister for Immigration & Ethnic Affairs (1998) 150 ALR 608 cited Wan v Minister for Immigration & Multicultural Affairs (2001) 107 FCR 133 cited VAN TU LE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS WAD167 of 2004