Hussein v Minister for Immigration and Multicultural Affairs [2001] FCA 1777

FEDERAL COURT OF AUSTRALIA

Hussein v Minister for Immigration and Multicultural Affairs [2001] FCA 1777

MIGRATION – application for Preferential Relative (Migrant) visa – visa refused as visa applicant did not pass the character test under the Migration Act 1958 (Cth) subpar 501(6)(c)(ii) – whether the Administrative Appeals Tribunal afforded the applicant and the visa applicant procedural fairness – where material which was prejudicial to the visa applicant had been provided by the visa applicant herself

Administrative Appeals Tribunal Act 1975 (Cth) ss 33(1), 44 Migration Act 1958 (Cth) s 501 McMullen v Commissioner for Superannuation (1985) 61 ALR 189 cited Donnelly v Repatriation Commission (1987) 73 ALR 350 cited Tuite v Administrative Appeals Tribunal (1993) 40 FCR 483 cited Percerep v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 483 cited Kioa v West (1985) 159 CLR 550 referred to Russell v Duke of Norfolk [1949] 1 All ER 109 cited Re Refugee Review Tribunal; ex parte AALA (2000) 75 ALJR 52 cited Re Coldham; ex parte Municipal Officers Association of Australia (1989) 84 ALR 208 at 220 applied Sinnathamby v Minister for Immigration and Ethnic Affairs (1986) 66 ALR 502 considered MOHAMMED HUSSEIN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N741 of 2001 BRANSON J SYDNEY 14 DECEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 741 OF 2001

BETWEEN: MOHAMMED HUSSEIN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 14 DECEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The "appeal" be dismissed.

2. The applicant pay the respondent's costs.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 741 OF 2001