Madafferi v Minister for Immigration & Multicultural Affairs [2001] FCA 581

FEDERAL COURT OF AUSTRALIA

Madafferi v Minister for Immigration & Multicultural Affairs [2001] FCA 581

IMMIGRATION – Spouse visa – Decision of the AAT – Decision of the Minister for Immigration & Multicultural Affairs – Whether Minister's decision involved an error of law – Whether the Minister observed procedures required by the Migration Act 1958 (Cth) – Whether Minister's decision involved an improper exercise of power – Whether the Minister's decision involved actual bias – Whether the Minister's decision was based on no evidence Migration Act 1958 (Cth) Pt 8, ss 499, 501, 501A

Judiciary Act 1903 (Cth)

Migration Regulations 1993 (Cth) Sched 4

Lam v Minister for Immigration and Multicultural Affairs [2000] FCA 1226 followed

Lau v Minister for Immigration and Multicultural Affairs [2000] FCA 698 at [29]applied

Aksu v Minister for Immigration and Multicultural Affairs [2001] FCA 514 at [10] and [34]discussed

Damanik v Minister for Immigration and Multicultural Affairs [2000] FCA 771 at [10] followed

Tuli v Minister for Immigration and Multicultural Affairs [1999] FCA 271, 94 FCR 526 at [277] followed

Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274 at [38] applied

Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17 applied

Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 272 applied

FRANCESCO MADAFFERI v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V839 OF 2000 MARSHALL J MELBOURNE 18 MAY 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V839 OF 2000

BETWEEN: FRANCESCO MADAFFERI

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 18 MAY 2001

WHERE MADE: MELBOURNE