Andary v Minister for Immigration & Multicultural Affairs [2002] FCA 1380

FEDERAL COURT OF AUSTRALIA Andary v Minister for Immigration & Multicultural Affairs [2002] FCA 1380 MIGRATION – application for order of review – where transitional (permanent) visa cancelled pursuant s 501(2) Migration Act 1958 (Cth) – whether Minister had jurisdiction to make decision – whether there existed a visa to cancel – where applicant entered Australia as infant on mothers visa – where mother left Australia and granted another entry permit on return - whether reg 4 of Migration Reform (Transitional Provisions) Regulations operates retrospectively - whether father of applicant British subject – whether absorption into community provides basis for citizenship – whether decision induced or affected by actual bias – whether any evidence of absence of good faith or of Minister ignoring or intending to ignore his obligations – where Minister disclosed opinion about judges of the court in context of migration decisions – Whether decision unreasonable in legal sense PROCEDURE – whether leave to amend application to add ground ought to be granted – whether applicants argument in relation to further ground of appeal has merit

Statutes Australian Citizenship Act ss 7, 15(5), 14(9) British Nationality Act 1948 (U.K.) Judiciary Act 1903 (Cth) s 78B Migration Act 1958 (Cth) ss 501, 9, 5, 34, 13, 14, 4(2), 15, 198, 474 Migration Reform (Transitional Provisions) Regulations Reg 4, Reg 3 Migration Reform Act 1992 (Cth) s 40(5) Nationality and Citizenship Act 1948 (Cth) Royal Style and Titles Act 1973 (Cth)

Cases Associated Provincial Pictures Houses Limited v Wednesbury Corporation [1948] 1 KB 223 Cited Minister for Aboriginal Affairs & Anor v Peko-Wallsend Limited & Ors (1986) 162 CLR 24 Refd to Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Cited Minister for Immigration and Multicultural Affairs v Jia [2001] 205 CLR 507 Cited NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) FCAFC 228 Refd to Pochi v Macphee & Anor (1982) 151 CLR 101 Discussed R v Hickman& Ors ; Ex parte Fox & Anor (1945) 70 CLR 598 Cited Re Patterson Ex parte Taylor (2001) 182 ALR 657 Cited; Discussed Salemi v Mackellar [No 2] (1977) 137 CLR 396 Cited