Moore v Minister for Immigration and Citizenship [2007] FCAFC 134

FEDERAL COURT OF AUSTRALIA

Moore v Minister for Immigration and Citizenship [2007] FCAFC 134 EVIDENCE – discretion to receive further evidence on the hearing of an appeal MIGRATION – when does a person cease to be an immigrant – consideration of the process of absorption – different considerations applicable to adults and children – unavailability of s 501(2) of the Act to cancel a visa that has not been granted or taken to have been granted – proper exercise of discretion to cancel a visa where the holder does not pass the character test within the meaning of s 501(6) PROCEDURAL FAIRNESS – allowance of an adequate time for a response to a notice of intention to consider cancellation of an absorbed person visa Held: the Minister did not fall into error in cancelling the appellant's absorbed person visa which was taken to have been granted to him on 1 September 1994 Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 20, 34(2), 68(1), 501(2) and 501F Migration Reform Act 1992 (Cth) s 34 Migration Reform (Transitional Provisions) Regulations 1994 regulations 3(1) and 4(1) Judiciary Act 1903 (Cth) s 39B Immigration (Guardianship of Children) Act 1946 – 1973 (Cth) s 6 Guss v Johnstone [2000] FCA 1455 NASB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 24 WAMB v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCA 66 Moore v Minister for Immigration and Citizenship [2007] FCA 626 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 230 ALR 370 Johnson v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 136 FCR 494 O'Keefe v Calwell (1949) 77 CLR 261 The Queen v Forbes; Ex parte Kwok Kwan Lee (1971) 124 CLR 168 Re Minister for Immigration and Multicultural Affairs; Ex parte Te (2002) 212 CLR 162 Shaw v Minister for Immigration and Multicultural Affairs (2003) 218 CLR 28 The Queen v Director-General of Social Welfare for Victoria; Ex parte Henry (1975) 133 CLR 369 Wan v Minister for Immigration and Multicultural Affairs (2001) 107 FCR 133 Minister of State for Immigration and Ethnic Affairs v Ah Hin Teoh (1995) 183 CLR 273 Sales v Minister for Immigration and Multicultural Affairs [2006] FCA 1807 Fisher v Minister for Immigration and Citizenship [2007] FCA 1052 ANDREW MOORE v MINISTER FOR IMMIGRATION AND CITIZENSHIP VID 425 OF 2007