Tucker v Minister for Immigration and Citizenship [2011] FCAFC 16

FEDERAL COURT OF AUSTRALIA

Tucker v Minister for Immigration and Citizenship [2011] FCAFC 16 Citation: Tucker v Minister for Immigration and Citizenship [2011] FCAFC 16

Appeal from: Tucker and Minister for Immigration and Citizenship [2010] AATA 559

Parties: CLIFFORD TUCKER v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 1106 of 2010

Judges: MOORE, JACOBSON & NICHOLAS JJ

Date of judgment: 15 February 2011

Catchwords: ADMINISTRATIVE LAW – judicial review – Administrative Appeals Tribunal affirmed a decision of the delegate to cancel the applicant's visa on character grounds – consideration of the best interests of the applicant's children – whether the Tribunal erred in making an order under s 35(2) of the Administrative Appeals Tribunal Act 1975 denying the applicant access to a confidential report of a child and family consultant received into evidence – whether the Tribunal failed to afford the applicant procedural fairness or failed to take relevant matters into account – no jurisdictional error established – application dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 35, 39 Federal Court of Australia Act 1976 (Cth) s 20(2) Migration Act 1958 (Cth) s 501

Cases cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 cited Barbaro v Minister for Immigration and Ethnic Affairs (1982) 65 FLR 127 cited Re Pochi and Minister for Immigration and Ethnic Affairs (1979) 26 ALR 247 applied