Ngaronoa v Minister for Immigration and Citizenship [2007] FCAFC 196

FEDERAL COURT OF AUSTRALIA

Ngaronoa v Minister for Immigration and Citizenship [2007] FCAFC 196 MIGRATION – cancellation of visa on character grounds by Minister – substantial criminal record – appeal from decision of single judge dismissing application – whether Minister obliged to disregard allegations made in context of criminal charges of which appellant was acquitted – whether denial of procedural fairness in taking such matters into account MIGRATION – leave to raise new grounds where appellant represented by counsel below Migration Act 1958 (Cth), s 501 Briginshaw v Briginshaw (1938) 60 CLR 336 Coulton v Holcombe (1986) 162 CLR 1 Iyer v Minister for Immigration & Multicultural Affairs [2000] FCA 1788 Metwally v University of Wollongong (1985) 60 ALR 68 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170 Ngaronoa v Minister for Immigration and Citizenship [2007] FCA 1565 Rejfek v McElroy (1965) 112 CLR 517 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158 BRUCE LEE NGARONOA v MINISTER FOR IMMIGRATION AND CITIZENSHIP NSD 2074 OF 2007

MOORE, BENNETT AND BUCHANAN JJ

17 december 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2074 OF 2007

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

BETWEEN: BRUCE LEE NGARONOA

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

Respondent

JUDGES: MOORE, BENNETT AND BUCHANAN JJ

DATE OF ORDER: 17 december 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave is granted to the appellant to rely upon Ground 1 in the proposed amended Notice of Appeal attached to the written submissions for the appellant filed on 25 November 2007. 2. Leave to rely upon Grounds 2 and 3 in the proposed amended Notice of Appeal is refused. 3. The appeal is dismissed. 4. The appellant is to pay the respondent's costs.