Darko v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 775

FEDERAL COURT OF AUSTRALIA

Darko v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 775 MIGRATION – applicant's visa cancelled before she arrived in Australia – applicant informed of decision to cancel upon arrival to Australia – notice provided to applicant - notice did not contain grounds for cancellation – power to revoke cancellation of the visa – whether consideration of a response to a notice of cancellation constitutes an essential pre-condition to the exercise of power to revoke or refuse to revoke cancellation of visa – operation of privative clause – whether privative clause protects decision where legislature has placed inviolable limitations on exercise of power – absence of an essential pre-condition to make decision Migration Act 1958 (Cth) ss 128, 129, 131 and 474 Judiciary Act 1903 (Cth) s 39B Wang v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 167 followed R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 cited R v Coldham; Ex parte Australian Workers Union (1983) 154 CLR 415 cited R v Murray; Ex parte Proctor (1949) 77 CLR 387 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited Darling Casino Ltd v New South Wales Casino Control Authority (1997) 191 CLR 602 cited Parisienne Basket Shoes Pty Ltd v Whyte (1938) 59 CLR 369 referred to Sutherland Shire Council v Finch (1969) 123 CLR 657 referred to Attorney-General v City of Geelong [1989] VR 641 referred to SARPOMAH MINGLE DARKO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 363 OF 2002 TAMBERLIN J SYDNEY 19 JUNE 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 363 OF 2002

BETWEEN: SARPOMAH MINGLE DARKO

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS