Geng, Jia Le v The Minister for Immigration & Multicultural Affairs [1998] FCA 768

FEDERAL COURT OF AUSTRALIA IMMIGRATION - cancellation of visa - application to review decision of the Minister to cancel the applicant's visa and declare him an excluded person under ss 501 and 502 of the Migration Act 1958 (Cth) - previous decision by the Administrative Appeals Tribunal directing grant of a visa refused by reason of applicant's conviction and imprisonment for offences committed in Australia - good character - seriousness of circumstances - national interest - whether actual bias by Minister - whether exercise of power under ss 501 and 502 precluded by prior decision of Administrative Appeals Tribunal on same facts and circumstances.

Migration Act 1958 (Cth) ss 501, 502 Irving v Minister for Immigration Local Government and Ethnic Affairs (1996) 139 ALR 84, cited Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505, cited Wannakuwattewau v Minister for Immigration and Ethnic Affairs (Fed C of A, North J, 24 June 1996, unrep), cited Sing v Minister for Immigration and Ethnic Affairs (Fed C of A, Lockhart J, 18 October 1996, unrep), cited Minister for Immigration and Ethnic Affairs v Baker (1997) 45 ALD 136, cited Gunner v Minister for Immigration and Multicultural Affairs (Fed C of A, 19 December 1997, Sackville J, unrep), not followed

JIA LE GENG V THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS WAG 63 OF 1997 FRENCH J PERTH 1 JULY 1998

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIAN DISTRICT REGISTRY WAG 63 of 1997

BETWEEN: jia le geng

applicant

and: the minister for immigration and multicultural affairs

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 1 JULY 1998

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.