White v Minister for Immigration & Multicultural Affairs [1999] FCA 1433

FEDERAL COURT OF AUSTRALIA

White v Minister for Immigration & Multicultural Affairs [1999] FCA 1433 MIGRATION – cancellation of visa – appeal from decision of trial judge confirming decision of Minister to cancel visa and declare appellant an excluded person under ss 501 and 502 of the Migration Act 1958 (Cth) – 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 – claim that decision of Minister induced or affected by actual bias – need for evidence – further evidence on appeal. Migration Act 1958 (Cth) ss 501, 502 Federal Court of Australia Act 1976 (Cth) s 27

Abebe v The Commonwealth (1999) 162 ALR 1 referred to Irving v Minister for Immigration, Local Government and Ethnic Affairs (1996) 68 FCR 422 at 431 referred to Minister for Immigration and Ethnic Affairs v Baker (1997) 73 FCR 187 at 194 referred to Goldie v Minister for Immigration and Multicultural Affairs [1999] FCA 1277 referred to Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at 110-111 referred to Minister for Immigration and Multicultural Affairs v Gunner (1998) 84 FCR 400 at 408 applied Jia Le Geng v Minister for Immigration and Multicultural Affairs [1999] FCR 951 referred to Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 referred to CDJ v VAJ (1998) 157 ALR 686 at 707 referred to

TE WHETU WHAKATAU WHITE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 43 of 1999 RYAN, NORTH & WEINBERG JJ 22 OCTOBER 1999 PERTH (HEARD VIA VIDEO IN MELBOURNE)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 43 OF 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT