Wan v Minister for Immigration & Multicultural Affairs [2000] FCA 1822

FEDERAL COURT OF AUSTRALIA

Wan v Minister for Immigration & Multicultural Affairs [2000] FCA 1822 CITIZENSHIP & MIGRATION – general residence visa – appeal from decision of Administrative Appeals Tribunal ("AAT") affirming decision of delegate refusing grant – where decision by delegate that appellant not of good character – whether the AAT erred in applying a General Direction given by the Minister under s 499 of the Migration Act 1958 (Cth) – whether AAT erred in finding that appellant had been engaged in organised criminal behaviour ADMINISTRATIVE LAW – procedural fairness – where no notice given by AAT that it proposed to make decision inconsistent with a legitimate expectation that it would treat the best interests of the appellant's children as a primary consideration – whether AAT treated best interests of children as a primary consideration Administrative Appeals Tribunal Act 1975 (Cth) ss 43 & 44 Migration Act 1958 (Cth) ss 499 & 501 Minister for Immigration & Ethnic Affairs v Teoh (1995) 183 CLR 273 referred to Vaitaki v Minister for Immigration & Ethnic Affairs (1998) 150 ALR 608 referred to ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A PRESIDENTIAL MEMBER LEI WAN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 911 OF 2000 EMMETT J 4 DECEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 911 OF 2000

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A PRESIDENTIAL MEMBER

BETWEEN: LEI WAN

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 4 DECEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.