White v Minister for Immigration & Multicultural Affairs [1999] FCA 690

FEDERAL COURT OF AUSTRALIA

White v Minister for Immigration & Multicultural Affairs [1999] FCA 690

MIGRATION – cancellation of visa – decision of Minister to cancel visa and declare applicant an excluded person under ss 501 and 502 of the Migration Act 1958 – previous decision of Administrative Appeals Tribunal setting aside deportation order – relationship between deportation power and s 501 – cancellation based on want of good character – past criminal conduct – whether other factors can be considered in assessing good character – whether judgments about future risk may be made – prospective judgment in declaring applicant an excluded person under s 502 – whether exclusion of AAT review is legitimate purpose for a s 502 declaration. Migration Act 1958 (Cth) ss 200, 501, 502

Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 followed Minister for Immigration and Multicultural Affairs v Gunner (1998) 156 ALR 306 followed Gunner v Minister for Immigration and Multicultural Affairs (1997) 50 ALD 507 followed Irving v Minister for Immigration Local Government and Ethnic Affairs (1996) 139 ALR 84 followed Minister for Immigration and Ethnic Affairs v Baker (1997) 153 ALR 463 followed Powell v Administrative Appeals Tribunal (1999) 161 ALR 15 followed TE WHETU WHAKATAU WHITE v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W163 of 1999

FRENCH J 21 MAY 1999 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 163 OF 1999

BETWEEN: TE WHETU WHAKATAU WHITE

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: FRENCH J

DATE OF ORDER: 21 MAY 1999

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.