Ball v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 699

FEDERAL COURT OF AUSTRALIA

Ball v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 699 MIGRATION –visa cancellation pursuant to s 501 of the Migration Act 1958 (Cth) – want of good character – where decision made by the Minister for Immigration and Multicultural Affairs personally – New Zealand citizen resident in Australia since 1998 – where applicant did not receive registered letter containing notice of intention to cancel a visa – whether the Act requires that an applicant receive actual notice of intention to cancel a visa – Act clearly anticipates constructive notice by post, including registered post – meaning of substantial criminal record under s 501(7) – where a person sentenced to terms of imprisonment totalling two years or more will fail the test – whether the words "terms of imprisonment" requires the aggregation of every sentence imposed, or whether sentences imposed concurrently are only to be counted once – Minister erred in concluding the applicant had been sentenced to terms of imprisonment totalling two years or more – whether under certain circumstances procedural fairness requires protected information under s 503A to be provided to the applicant – where information presumably on public record and no reason to believe consent to the disclosure would be withheld – procedural fairness denied. Migration Act 1958 (Cth) ss 201(c), 501, 503A Migration Legislation Amendment (Strengthening of Provisions Relating to Character and Conduct) Act 1999 Migration Regulations 1994, Reg 2.55 Kioa v West (1985) 159 CLR 550 Osborne v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1113 Muin v Refugee Review Tribunal (2002) 190 ALR 601 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 WAFG v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 93 Minister for Immigration and Multicultural Affairs v W157/00A [2002] FCAFC 281 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502 St Olave's Union v Canterbury Union [1897] 1 QB 682 Cadogan (Earl) v Guinness [1936] Ch. 515 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Te v Minister for Immigration and Ethnic Affairs (1999) 88 FCR 264 Mill v The Queen (1988) 166 CLR 59 R H McL v The Queen (2000) 203 CLR 452 Minister for Immigration and Ethnic Affairs v Sciascia (1991) 31 FCR 364 Pearson v Minister for Immigration Local Government and Ethnic Affairs (1992) 106 FLR 162 AMANDA BALL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 422 of 2003 RYAN J 11 JULY 2003 MELBOURNE