Choi, Pat Tai v Minister for Immigration & Multicultural Affairs [1998] FCA 1556

FEDERAL COURT OF AUSTRALIA

IMMIGRATION – application for business (short-stay) visa – decision pursuant to s 501 of the Migration Act 1958 (Cth) to refuse to grant visa on the ground that Minister satisfied that applicant not of good character because of his association with a group or organisation that Minister had reasonable grounds to believe has been or is involved in criminal conduct – whether decision involved error of law – whether there was evidence or other material to justify making of decision. Migration Act 1958 (Cth) ss 476, 501 Chan v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 565, distinguished Irving v Minister for Immigration, Local Government and Ethnic Affairs (1993) 44 FCR 540, referred to Adams v Minister for Immigration and Multicultural Affairs (1997) 48 ALD 280, referred to Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24, applied Television Capricornia Pty Ltd v Australian Broadcasting Tribunal (1986) 13 FCR 511, referred to Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212, referred to PAT TAI CHOI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 824 of 1997 LINDGREN J SYDNEY 2 DECEMBER 1998

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: 2 DECEMBER 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: (1) Folios 12, 13 and 15 in file "INT/5/22 Choi Pat Tai" be admitted into evidence. (2) Folios from file "INT/3/25 Wo Shing Tong Triad" exhibited to the affidavit of Dario Castello sworn 2 July 1998 in this proceeding be admitted into evidence. (3) The documents referred to in (1) and (2) be placed in an envelope to be sealed and marked "not to be opened except by, or by order of, a Judge". (4) The application be dismissed. (5) The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.