Sokourenko v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 892

FEDERAL COURT OF AUSTRALIA

Sokourenko v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 892 MIGRATION – application for review of decision by Minister for Immigration and Multicultural and Indigenous Affairs to cancel the applicant's visa pursuant to s 501A of the Migration Act 1958 (Cth) – failure to meet character test due to past and present general conduct – earlier decision of delegate of the Minister to cancel applicant's visa had been set aside by the Administrative Appeals Tribunal – Minister relied upon Issues Paper which presented findings of the Tribunal and personal conclusions of the author of the Issues Paper – whether findings of the Tribunal misrepresented by the author of the Issues Paper – whether failure to provide applicant with an opportunity to address manner in which material was presented in the Issues Paper constituted a failure to accord procedural fairness to the applicant and was therefore a jurisdictional error – whether selective presentation of the Tribunal's findings in the Issues Paper evidenced a lack of bona fides by the author of the Issues Paper which could be attributed to the Minister who based his decision upon the Issues Paper.

Migration Act 1958 (Cth): s 501

Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24, referred to National Companies and Securities Commission v News Corporation Limited (1984) 156 CLR 296, referred to Pilbara Aboriginal Land Council Aboriginal Corporation Inc v Minister for Aboriginal and Torres Strait Islander Affairs (2000) 103 FCR 539, applied F Hoffmann‑La Roche & Co A G v Secretary of State for Trade and Industry [1975] AC 295, referred to Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100, applied Kioa v West (1985) 159 CLR 550, referred to OLGASOKOURENKOvMINISTERFORIMMIGRATIONANDMULTICULTURAL AND INDIGENOUS AFFAIRS V 48 of 2003 GOLDBERG J 27 AUGUST 2003 MELBOURNE