Tien, William & Ors v Minister for Immigration & Multicultural Affairs [1998] FCA 1552

FEDERAL COURT OF AUSTRALIA MIGRATION – visas - application pursuant to ss 476(1)(a) and 476(1)(e) of the Migration Act 1958 (Cth) ("the Act") to review a decision of the Minister's delegate to cancel the first applicant's long stay temporary business visa (subclass 457) while in immigration clearance at Melbourne airport - cancellation made pursuant to s 116(1)(e) on the ground that "the presence of its holder in Australia is, or would be, a risk to the health, safety or good order of the Australian community" - s 119 notice of intention to cancel particularised grounds as "known association with a person who … has been involved in the illegal entry of non‑citizens to Australia" and a person "travelling on a fraudulent … passport … with a fraudulent Australian visa to Melbourne airport" - whether incorrect application of the law to the facts. MIGRATION – whether the decision‑maker's failure to particularise all reasons for cancellation in the notice and to ensure that the visa holder understood why each of the matters were relevant to the cancellation was an error of law reviewable under s 476(1)(e). MIGRATION – judicial review - s 476(1)(a) - whether procedures required pursuant to ss 119, 120 and 121 of the Act to be observed in connection with the making of the decision to cancel a visa were observed - s 121(3) - whether the failure to specify a time in the notice at which an interview was to take place so that the visa holder could provide comments as to why the grounds for cancellation did not exist or that there was a reason why the visa should not be cancelled invalidated the decision - discussion of mandatory nature of procedures. MIGRATION – visas - whether, as "approved dependent" or "members of a family unit", the first and second applicants' visas were cancelled automatically by the decision to cancel the first applicant's visa.