Dagli v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 497

FEDERAL COURT OF AUSTRALIA

Dagli v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 497 MIGRATION – cancellation of a Resident Return Visa - sub class 156 by Minister for Immigration and Multicultural and Indigenous Affair under s 501 of the Migration Act 1958 (Cth) – whether application denied procedural fairness where the applicant was not shown an Issues Paper prepared by an officer in the Department of Immigration and Multicultural and Indigenous Affairs for the Minister prior to Minister making the decision– requirement of natural justice that person affected by visa revocation has an opportunity to know the case put against him– whether the Minister applied the wrong test when he cancelled the applicant's visa under s 501 of the Migration Act 1958 (Cth) – whether decision affected by jurisdictional error and reviewable by the Court – whether futile to afford the applicant relief. Migration Act 1958 (Cth) – s 474, s 501 Ayan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 7 – followed Kioa v West (1985) 159 CLR 550 – followed Muin v Refugee Review Tribunal (2002) 190 ALR 601 – considered Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 – considered Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 – considered ATILLA DAGLI v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 1255 of 2002 HILL J 23 MAY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1255 OF 2002

BETWEEN: ATILLA DAGLI

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HILL

DATE OF ORDER: 23 MAY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.