Haynes v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1332

FEDERAL COURT OF AUSTRALIA

Haynes v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1332 MIGRATION – judicial review – natural justice – cancellation of visa – failure to pass character test – pre-decision invitation to put submissions – supporting submission from de facto partner – whether information as to relationship given to departmental officer – alleged failure to include such information in issues paper to Minister – whether failure to take information into account – whether misdirection as to address to send supporting submissions – on facts no breach of natural justice – no jurisdictional error – application dismissed Migration Act 1958 (Cth) Judiciary Act 1939 (Cth) s 39B S157 of 2002 v Commonwealth of Australia (2003) 195 ALR 24 cited STEPHAN WILBUR HAYNES v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W115 OF 2003 FRENCH J 19 NOVEMBER 2003 MELBOURNE (Heard in Perth)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W115 OF 2003

BETWEEN: STEPHAN WILBUR HAYNES

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 19 NOVEMBER 2003

WHERE MADE: MELBOURNE (Heard in Perth)

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W115 OF 2003

BETWEEN: STEPHAN WILBUR HAYNES

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE: 19 NOVEMBER 2003

PLACE: MELBOURNE (Heard in Perth)