Scorgie v Minister for Immigration and Citizenship [2008] FCAFC 101

FEDERAL COURT OF AUSTRALIA

Scorgie v Minister for Immigration and Citizenship [2008] FCAFC 101

MIGRATION – appeal from a dismissal of an application for judicial review of a decision of the Administrative Appeals Tribunal (AAT) – where AAT affirmed a decision of Minister's delegate refusing the grant of a Spousal visa – where AAT referred in its decision to a previous AAT decision – where the previous AAT decision made further references to publications and other AAT decisions – whether there was a denial of procedural fairness in the AAT having regard to this material without first having given the appellant notice – whether the AAT failed to comply with s 39(1) of the Administrative Appeals Tribunal Act 1975 (Cth) – whether the AAT had regard to the publications in reaching a decision – whether the AAT took into account an irrelevant consideration – appeal dismissed.

Administrative Appeals Tribunal Act 1975 (Cth) ss 39(1), 44 Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) Scorgie v Minister for Immigration and Citizenship [2007] FCA 2046 affirmed DARREN SCORGIE v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

NSD 2539 of 2007

MARSHALL, LANDER AND BUCHANAN JJ

6 June 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2539 of 2007

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

BETWEEN: DARREN SCORGIE

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGES: MARSHALL, LANDER AND BUCHANAN JJ

DATE OF ORDER: 6 JUNE 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA