Li v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1527

FEDERAL COURT OF AUSTRALIA

Li v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1527

MIGRATION – temporary spouse visa – allegation of domestic violence – Migration Review Tribunal accepted police report that allegations of rape and assault not substantiated and were made so applicant could remain in Australia – comment sought from applicant on these conclusions – report not shown to applicant – whether applicant given particulars of information relied on – whether denial of natural justice Migration Act 1958 (Cth) ss 359A, 474 Migration Regulations 1994 (Cth) reg 1.15A, Sch 2 items 820.21, 820.221 R v Hickman; Ex parte Fox & Clinton (1945) 70 CLR 598 – cited NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 at [4], [277], [638] – [648] – followed SDAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1022 at [24] – [27] – referred to NAHT of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1049 at [35] – referred to Kioa v West (1985) 159 CLR 550 at 584 – 585 – considered HE XIU LI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 1090 of 2001 GRAY J 10 DECEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1090 of 2001

BETWEEN: HE XIU LI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 10 DECEMBER 2002

WHERE MADE: MELBOURNE

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

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1090 of 2001