Preston v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCA 107

FEDERAL COURT OF AUSTRALIA

Preston v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCA 107 IMMIGRATION – judicial review – cancellation of visa – admissibility of ministerial reasons prepared months after decision – not admissible – whether irrelevant considerations – expectations of the Australian community – whether breach of natural justice – failure to invite comment on adverse material – failure to consider relevant consideration – interests of applicant's grandchild – no jurisdictional error – application dismissed Migration Act 1958 (Cth) s 501, s 501G Preston v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 420 cited Shaw v Minister for Immigration, Multicultural and Indigenous Affairs (2003) 203 ALR 143 cited Minister for Immigration and Multicultural Affairs v W157/00A (2002) 203 ALR 5 cited Ayan v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 196 ALR 332 Nezovic v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2003) 203 ALR 33 cited Tuncok v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1069 cited Kioa v West (1985) 159 CLR 550 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502 cited MARK LAWRENCE PRESTON v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W62 OF 2003 FRENCH J 18 FEBRUARY 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W62 OF 2003

BETWEEN: MARK LAWRENCE PRESTON

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 18 FEBRUARY 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The application is dismissed.