Choi, Pat Tai v Minister for Immigration & Multicultural Affairs [1998] FCA 1098

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE – public interest immunity – refusal of application for Business Short Stay Visa based on information supplied by authorities of foreign countries that applicant associated with Triads – allegation that applicant participated in ceremony in Macau in 1983 by which he became, or was promoted as, a member of Wo Shing Tong Triad group – denial of allegation by applicant – impossibility of applicant's disproving allegation, at least in absence of access to information relied on by Minister – weighing of competing public interests. PAT TAI CHOI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 824 of 1997 JUDGE: LINDGREN J DATE: 25 AUGUST 1998 PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 824 of 1997

BETWEEN: Pat Tai Choi

Applicant

AND: Minister for Immigration and Multicultural Affairs

Respondent

JUDGE: LINDGREN J

DATE OF ORDER: 25 AUGUST 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The motion brought by notice of motion filed 26 May 1998 be dismissed. 2. Costs be reserved. 3. The proceeding be stood over to 1 September 1998 at 9.30 am for the making of further directions. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 824 of 1997

BETWEEN: Pat Tai Choi

Applicant

AND: Minister for Immigration and Multicultural Affairs

Respondent

JUDGE: LINDGREN J

DATE: 25 August 1998

PLACE: SYDNEY

REASONS FOR JUDGMENT (ex tempore)

INTRODUCTION The applicant ("Mr Choi") filed his application on 7 October 1997 and an amended application on 3 December 1997. He also filed a statement of claim on 7 October 1997. The case which he seeks to make is therefore to be found in the amended application and the statement of claim. By his amended application, Mr Choi seeks review of a decision made by a delegate of the respondent ("the Minister"), notified to him on 12 September 1997, not to grant to him a subclass 456 Business Visa (Short Stay) in accordance with s 501 of the Migration Act 1958 ("the Act"). The ground of the Minister's decision was that provided for in s 501(2)(a) of the Act: that the Minister was satisfied that Mr Choi was not of good character. The factual material on which the Minister was so satisfied is an allegation that Mr Choi underwent a ceremony in Macau in 1983 by which he either became, or was "promoted" as, a member of the Wo Shing Tong Triad group, supported by general information tending to show "once a Triad, always a Triad".