Minister for Immigration and Multicultural Affairs v Lay Lat [2006] FCAFC 61

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural Affairs v Lay Lat [2006] FCAFC 61 MIGRATION – application for Business Skills Migrant visa – failure to satisfy Regulation 131.214 - procedural fairness - opportunity to respond to critical issue on which decision likely to turn – right to comment upon adverse material from third party – whether critical issue obvious to applicant - whether issue apparent from nature or terms of statute - whether applicant knew Regulation 131.214 in issue MIGRATION – procedural fairness - whether common law procedural fairness excluded by s 51A of Migration Act 1958 (Cth) – exhaustive statement of natural justice hearing rule - proper construction of ss 51A, 357A and 422B MIGRATION - finding by delegate that criterion in Regulation 131.214 was not satisfied – whether evidence required in order to make finding that not satisfied – effect of s 65 of Migration Act 1958 (Cth). Migration Act 1958 (Cth) – ss 51A, 57, 65, 357A, 422B Migration Regulations 1994 (Cth) – reg 131

Applicant M17 v Minister for Immigration, Multicultural and Indigenous Affairs (2005) 85 ALD 597 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Limited (1994) 49 FCR 576 referred to Katisat v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1908 referred to Kioa v West (1985) 159 CLR 550 referred to Minister for Immigration and Multicultural and Indigenous Affairs v VSAF of 2003 [2005] FCAFC 73 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Moradian v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 142 FCR 170 referred to NAMW v Minister for Immigration, Multicultural and Indigenous Affairs (2004) 140 FCA 572 referred to NAQF v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 130 FCR 456 referred to Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 216 CLR 212 referred to Re Minister for Immigration and Multicultural Affairs; Ex Parte Miah (2001) 206 CLR 57 referred to SBTC v Minister for Immigration, Multicultural and Indigenous Affairs [2006] FCA 260 referred to SJSB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 225 referred to SZBDF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1493 referred to SZEGT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1514 referred to VXDC v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 146 FCR 562 affirmed WAID v Minister for Immigration, Multicultural and Indigenous Affairs [2003] FCA 220 referred to WAJR v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 204 ALR 624 referred to Wu v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 221 referred to MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v LAY LAT NSD140 of 2006 HEEREY, CONTI AND JACOBSON JJ 12 MAY 2006 SYDNEY