Nezovic v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2003] FCA 1263

FEDERAL COURT OF AUSTRALIA

Nezovic v Minister for Immigration & Multicultural & Indigenous Affairs (No 2)

[2003] FCA 1263 MIGRATION – judicial review – reasons for decision – cancellation of visa – departmental submission to Minister – decisional option endorsed by Minister – presented as reasons for decision – new set of reasons – tendered without verification by Minister through third party – whether admissible EVIDENCE – documents – hearsay rule – Commonwealth records – reasons for decision to cancel visa – statutory obligation to produce reasons – tendered as document through party other than maker of decision – not admissible – decision-maker to be available for cross-examination if reasons verified on oath Judiciary Act 1903 (Cth) s 39B Administrative Decisions (Judicial Review) Act 1977 (Cth) Migration Act 1958 (Cth) s 501, s 501G Acts Interpretation Act 1901 (Cth) s 25D Evidence Act 1995 (Cth) s 59, s 64, s 67, s 155 W157/00A v Minister for Immigration and Multicultural Affairs (2001) 190 ALR 55 cited Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme [2003] HCA 56 applied Minister for Immigration and Multicultural Affairs v W157/00A (2002) 72 ALD 49 applied R v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100 cited Re Ruddock; Ex parte Truong (unrep, High Court, Hayne J, M14 of 2001, 22 March 2001) cited Javillonar v Minister for Immigration and Multicultural Affairs (2001) 114 FCR 311 cited Ayan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 7 cited Tuncok v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1069 followed Minister for Immigration and Ethnic Affairs v Taveli (1990) 23 FCR 162 cited Hicks v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 757 cited