M238/2002 v The Honourable Philip Ruddock, Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 936

FEDERAL COURT OF AUSTRALIA

M238/2002 v The Honourable Philip Ruddock, Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 936 MIGRATION – cancellation of permanent resident visa by Minister under s 501(2) of the Migration Act 1958 (Cth) – failure to pass the character test because of substantial criminal record - whether procedural fairness was denied in reaching the cancellation decision – applicant not shown the Minute to the Minister prior to decision although interviewed and given other relevant information – whether procedural fairness required the applicant to be informed that a finding on low risk of recidivism was open – no reasonable expectation – no prejudice shown - whether procedural fairness required the applicant to be informed that an adverse finding on the expectations of the Australian community open – no failure to observe procedural fairness requirements Migration Act 1958 (Cth) ss 474, 500, 501, Judiciary Act 1903 (Cth) s 44(2A) Federal Court Rules 1979(Cth) O 51A Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 applied Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502 applied NAEB of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 25 referred to VAAC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 74 referred to M38/2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 199 ALR 290 referred to Hicks v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 757 referred to Dagli v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 497 referred to Kioa v West (1985) 159 CLR 550 applied South Australia v O'Shea (1987) 163 CLR 378 referred to Minister for Immigration and Multicultural Affairs v Jia (2000) 205 CLR 507 applied Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 applied Akpata v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 389 referred to M238/2002 v THE HONOURABLE PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V217 of 2003 KENNY J 5 SEPTEMBER 2003 MELBOURNE