Ranginui v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1280

FEDERAL COURT OF AUSTRALIA

Ranginui v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1280 MIGRATION – cancellation of permanent resident visa under s 501(2) of Migration Act 1958 (Cth) – Minister found that applicant did not pass "character test" – Minister made decision personally – breach of natural justice – applicant not provided with report containing adverse information upon which Minister relied – Federal Magistrate found that decision not affected by breach – whether stringency of applicable test correctly appreciated

Migration Act 1958 (Cth) ss 501(2), 501(6), 501(7)(c), 501G(e)

Ranginui v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FMCA 401 referred to Javillonar v Minister for Immigration and Multicultural Affairs (2001) 114 FCR 311 at 317 referred to Muin v Refugee Review Tribunal (2002) 190 ALR 601 at 631 referred to Kioa v West (1985) 159 CLR 550 at 628-629 referred to Moore v Guardianship and Administration Board [1990] VR 902 at 912 referred to Percerep v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 483 at 504 referred to Re Refugee Tribunal; ex parte Aala (2000) 204 CLR 82 at 122, 116-117, 122, 130-131 applied VHAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 448 at par [17] referred to Western Australia v Ward (2002) 191 ALR 1 referred to Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 referred to Fox v Percy (2003) 197 ALR 201 referred to Stead v State Government Insurance Commission (1986) 161 CLR 141 at 145 applied Wilde v The Queen (1988) 164 CLR 365 referred to John v Rees [1970] Ch 345 at 40 cited

KIMBERLEY RANGINUI v MINISTER FOR IMMIGRAITON AND MULTICULTURAL AND INDIGENOUS AFFAIRS V907 of 2003 WEINBERG J 12 NOVEMBER 2003 MELBOURNE