Minister for Immigration & Multicultural Affairs v Perth City Mission [2000] FCA 397

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Perth City Mission

[2000] FCA 397

MIGRATION – exercise of discretion under s 501 Migration Act 1958 (Cth) not to refuse the grant of a visa on the basis of the applicant being a person "not of good character".

WORDS & PHRASES – "not of good character". Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 43(1), 43(1)(c)(ii) Citizenship Act 1948 (Cth) Migration Act 1958 (Cth) s 501 Migration Regulations 1994 cll 103.211(a), 103.212(3)(d) (Schedule 2)

Flick Federal Administrative Law 2nd ed. 1984

Goldie v Minister for Immigration and Multicultural Affairs (1999) 56 ALD 321 referred to Minister for Immigration and Ethnic Affairs v Baker (1997) 73 FCR 187 referred to Commonwealth of Australia v Beale (1993) 30 ALD 68 followed Re SLE Medical Pty Ltd and Industry Research and Development Board (1988) 10 AAR 13 approved Minister for Immigration and Ethnic Affairs v Wu (1996) 185 CLR 259 followed Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402 referred to Ahmed v Minister for Immigration and Multicultural Affairs (1999) 55 ALD 618 referred to MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v PERTH CITY MISSION AND JOHN DYSON POWELL AND MARISA POWELL W 31 OF 1999 LEE J PERTH 31 MARCH 2000

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 31 OF 1999

ON APPEAL FROM THE GENERAL DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A SENIOR MEMBER

BETWEEN: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

APPLICANT

AND: PERTH CITY MISSION

FIRST RESPONDENT

JOHN DYSON POWELL

MARISA POWELL

SECOND RESPONDENTS

JUDGE: LEE J

DATE OF ORDER: 31 MARCH 2000

WHERE MADE: PERTH