Goldie v Minister for Immigration & Multicultural Affairs [1999] FCA 1277

FEDERAL COURT OF AUSTRALIA Goldie v Minister for Immigration & Multicultural Affairs [1999] FCA 1277 MIGRATION LAW - appellant refused permanent entry permit on the grounds that not of good character - s 501(2)(a)(ii) the Migration Act 1958 (Cth) - test to be applied in determining whether person is not of good character - whether breach of natural justice by the Administrative Appeals Tribunal in deciding issue of character against appellant on different basis from that advanced by respondent, without notice to appellant. Administrative Appeals Tribunal Act 1975 (Cth), s 44 Migration Act 1958 (Cth), s 501 Minister for Immigration and Ethnic Affairs v Baker (1997) 73 FCR 187 cited Irving v Minister for Immigration, Local Government & Ethnic Affairs (1996) 68 FCR 422 cited R v Lewis (1988) 165 CLR 12 cited Fairmount Investments Ltd v Secretary of State for the Environment [1976] 1 WLR 1255 cited Fletcher v Commissioner of Taxation (1988) 19 FCR 442 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited BRIAN GERALD JAMES GOLDIE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q 115 OF 1999 SPENDER, DRUMMOND AND MANSFIELD JJ 14 SEPTEMBER 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 115 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: BRIAN GERALD JAMES GOLDIE

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGES: SPENDER, DRUMMOND AND MANSFIELD JJ

DATE OF ORDER: 14 SEPTEMBER 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The appeal be allowed.

2. The orders made by the learned primary judge and the Tribunal be set aside and the matter remitted to the Administrative Appeals Tribunal to be heard according to law by a Tribunal differently constituted.