Pradabsuk v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 66

FEDERAL COURT OF AUSTRALIA

Pradabsuk v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 66

MIGRATION – visa application – whether there can be substantial compliance with the requirement to provide satisfactory evidence that the Australian Federal Police has completed a check of criminal records – whether certificate furnished by the Western Australian Police Service comprised satisfactory evidence of criminal records check – appeal dismissed

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 45, 46, 46(1), 47 Acts Interpretation Act 1901 (Cth) s 23C Migration Regulations 1994 (Cth) reg 2.07, Sch 1 cl 1128CA, cl 1128CA(3)(d), cl 1128CA(3)(d)(ii) Kim v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 82 ALD 51 distinguished Minister for Immigration & Multicultural and Indigenous Affairs v Kim (2004) 141 FCR 315 distinguished Wu v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 245 applied Minister for Immigration and Multicultural Affairs v Li (2000) 103 FCR 486 cited Bal v Minister for Immigration and Multicultural Affairs (2002) 189 ALR 566 cited Formosa v Secretary, Department of Social Security (1988) 46 FCR 117 cited SUPAPORN PRADABSUK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS WAD 137 of 2005 RATCHANEE VICHEANARATTANAPONG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS WAD 138 OF 2005 FRENCH, STONE & SIOPIS JJ 17 MAY 2006 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 137 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SUPAPORN PRADABSUK

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGES: FRENCH, STONE & SIOPIS JJ