Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
George v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 38 MIGRATION – cancellation of visa – character test – criminal convictions – whether issues document constitutes reasons of Minister – whether breach of requirements of natural justice by failing to ensure applicant received notice of intention to cancel visa – whether method of delivery of notice reasonable in the circumstances - whether Minister failed to take into consideration the best interests of the applicant's children and so failed to take into account a relevant consideration and failed to accord natural justice to the applicant and to his children – whether substantial criminal record wrongly calculated Judiciary Act 1903 (Cth) ss 39B, Migration Act 1958 (Cth) ss 499, 501 Migration Regulations 1994 reg 2.55 Ball v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 199 ALR 374 considered Hicks v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 757 cited Kioa v West (1985) 159 CLR 550 considered Long v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 218 considered Minister for Immigration & Multicultural & Indigenous Affairs, Re; Ex parte Palme (2003) 201 ALR 327 cited Minister for Immigration & Multicultural Affairs v W157/00A (2002) 203 ALR 5 considered Minister for Immigration, Local Government & Ethnic Affairs v Taveli (1990) 23 FCR 162 followed Nezovic v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 203 ALR 33 followed Osborne v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 124 FCR 416 considered Tuncok v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1069 followed Vaitaiki v Minister for Immigration & Ethnic Affairs (1998) 150 ALR 608 cited Wan v Minister for Immigration & Multicultural Affairs (2001) 107 FCR 133 cited GAVIN SEAN GEORGE v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W321 of 2002 RD NICHOLSON J 30 JANUARY 2004 PERTH
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