VKAC v Minister for Immigration and Multicultural Affairs [2006] FCAFC 124

FEDERAL COURT OF AUSTRALIA

VKAC v Minister for Immigration and Multicultural Affairs [2006] FCAFC 124 MIGRATION – Cancellation of visa on character grounds – whether failure to accord natural justice in failing to inform visa holder of adverse information in issues paper Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), s 499, s 501(2), 501(6), 501(7), 501G(1), 501G(4) Re MIMIA; ex parte Palme (2003) 216 CLR 212; [2003] HCA 56 followed Minister for Immigration & Multicultural & Indigenous Affairs v W157/00A (2002) 125 FCR 433; [2002] FCAFC 281 followed Kioa v West (1985) 159 CLR 550 applied VEAL v MIMIA (2005) 222 ALR 411; [2005] HCA 72 cited Dagli v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 541; [2003] FCAFC 298 considered Naidu v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 83 ALD 64; [2004] FCAFC 184 distinguished Jones v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 70 distinguished VKAC AND WAKW v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS WAD 206 OF 2005 MOORE, NORTH & MANSFIELD JJ 8 AUGUST 2006 MELBOURNE (HEARD IN PERTH) IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 206 OF 2005

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

BETWEEN: VKAC

FIRST APPELLANT

WAKW

SECOND APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: MOORE, NORTH & MANSFIELD JJ

DATE OF ORDER: 8 AUGUST 2006

WHERE MADE: MELBOURNE (HEARD IN PERTH)

THE COURT ORDERS THAT:

1. The appeal is allowed. 2. The orders made by Nicholson J on 15 July 2005 are set aside. 3. A writ of prohibition issue out of this Court directed to the respondent prohibiting her from further proceeding to act against the first appellant in respect of the decision made by the former minister dated 22 January 2002 to cancel the first appellant's visa. 4. A writ of certiorari issue out of this Court directed to the respondent removing into this Court to be quashed the said decision made by the former minister dated 22 January 2002 to cancel the first appellant's visa. 5. The respondent is to pay the first appellant's cost of the appeal.