Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Goldie v Minister for Immigration & Multicultural Affairs [2000] FCA 1922
IMMIGRATION – Bridging Visa E – refusal on character grounds – refusal affirmed by Administrative Appeals Tribunal – review of Administrative Appeals Tribunal decision – documents which may be referred to by AAT at hearing – natural justice – relevant considerations – irrelevant considerations – decision against weight of evidence – fraud – no grounds made out – application dismissed.
Migration Act 1958 (Cth) s 500, s 501
BRIAN GERALD JAMES GOLDIE v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
W102 of 2000
FRENCH J
22 DECEMBER 2000
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W102 OF 2000
On Appeal from the General Administrative Division of the
Administrative Appeals Tribunal constituted by Deputy President TE Barnett
BETWEEN: BRIAN GERALD JAMES GOLDIE
APPLICANT
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 22 DECEMBER 2000
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.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W102 OF 2000
On Appeal from the General Administrative Division of the
Administrative Appeals Tribunal constituted by Deputy President TE Barnett
BETWEEN: BRIAN GERALD JAMES GOLDIE
APPLICANT
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH J
DATE: 22 DECEMBER 2000
PLACE: PERTH
REASONS FOR JUDGMENT
Introduction 1 On 24 March 2000, Brian Gerald James Goldie submitted an application for a Bridging Visa E to the Department of Immigration and Multicultural Affairs. A delegate of the Minister for Immigration and Multicultural Affairs decided to refuse the grant of the visa on 28 March 2000 pursuant to s 501(1) of the Migration Act 1958 (Cth). On 29 March 2000, Goldie applied to the Administrative Appeals Tribunal for a review of that decision. On 12 June 2000, the Tribunal affirmed the decision. Goldie has now appealed to this Court against the decision of the Tribunal. He has done so on a variety of grounds which will be addressed below.
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