Wong v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 959

FEDERAL COURT OF AUSTRALIA

Wong v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 959 MIGRATION – application to review decision made by Minister to cancel visa under s 501 of the Migration Act 1958 (Cth) – cancellation of visa based on want of good character – past conduct – whether Minister fell into error in concluding that the applicant did not pass character test – whether Minister took into account applicant's good conduct – whether Minister acted for an ulterior purpose – whether Minister made aware of limitations faced by applicant in seeking review of decision – protected information – national interest – whether Minister applied incorrect test in determining national interest – whether jurisdictional error

Migration Act 1958 (Cth) ss 501, 501C, 503A Judiciary Act 1903 (Cth)s 39B Minister for Immigration and Ethnic Affairs v Baker (1997) 73 FCR 187 cited Re Patterson; Ex parte Taylor (2001) 182 ALR 657 distinguished Madafferi v Minister for Immigration and Multicultural Affairs [2002] FCAFC 220 cited Singh v Minister for Immigration and Multicultural Affairs [2000] FCA 1426 cited TAI SHING WONG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 112 OF 2002 TAMBERLIN J SYDNEY 6 AUGUST 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 112 OF 2002

BETWEEN: TAI SHING WONG

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 6 AUGUST 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA