Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Goldie v Minister for Immigration and Multicultural Affairs [2001] FCA 1318
MIGRATION – visa – refusal to grant – character test – review by Administrative Appeals Tribunal – expedited timetable – provisions for production of documents – powers of tribunal to receive documents in evidence – documents tendered on behalf of minister – not produced pursuant to particular statutory provisions – whether tribunal entitled to receive documents – failure of minister to make available witnesses for cross-examination – whether denial of natural justice – tribunal took into account breach of conditions in two previous visas – applicant contended that prior visas granted unlawfully – whether tribunal failed to take into account a relevant consideration – whether tribunal based its decision on unsubstantiated allegations of criminal conduct – whether tribunal applied wrong standard of proof – whether tribunal's decision so unreasonable that no reasonable decision-maker would have made it – whether tribunal denied applicant natural justice by finding against him on basis different from that put by minister
Migration Act 1958 (Cth) ss 75, 500, 501(1), 501(6), 501G Migration Regulations 1994 (Cth) regs 2.24, 2.51, 2.54, 5.03 Administrative Appeals Tribunal Act 1975 (Cth) ss 28, 29, 33, 37, 40, 44 Migration Reform (Transitional Provisions) Regulations 1994 (Cth) Migration Legislation Amendment (Strengthening of Provisions Relating to Character and Conduct) Act 1998 (No. 2) (Cth)
Goodwin v Phillips (1908) 7 CLR 1 cited Rose v Hvric (1963) 108 CLR 353 cited Butler v Attorney-General (Vic) (1961) 106 CLR 268 cited South Australia v Tanner (1989) 166 CLR 161 cited Saraswati v R (1991) 172 CLR 1 cited Horvath v Commonwealth Bank of Australia [1999] 1 VR 643 cited Re Morris; Morris v Maroudas (1986) 66 ALR 699 referred to Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 referred to Goldie v Minister for Immigration & Multicultural Affairs [1999] FCA 1277 (1999) 56 ALD 321 considered
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