Wang v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 108

FEDERAL COURT OF AUSTRALIA

Wang v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 108 MIGRATION – appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – questions of law to be stated as pure questions of law – whether discretionary power exercised according to policy without regard to merits – whether failure to take account of relevant considerations - whether irrelevant considerations – whether decision based on the existence of a fact that did not exist – whether evidence to support decision - whether decision illogical or irrational – whether failure to make findings and consider matters raised Administrative Appeals Tribunal Act 1975, s 44 Migration Act 1958 (Cth) s 200 Birdseye v Australian Securities and Investments Commission [2003] FCAFC 232, applied

Australian Securities and Investments Commission v Saxby Bridge Financial Planning Pty Ltd [2003] FCAFC 244; (2003) 202 ALR 450, applied

R v Moore; ex parte Australian Telephone and Phonogram Officers' Association (1982) 148 CLR 600, referred to

Madafferi v Minister for Immigration and Multicultural Affairs [2002] FCAFC 220; 70 ALD 644; (2002) 118 FCR 326, referred to

Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24, applied

Australian Telecommunications Corporation v Lambroglou (1990) 12 AAR 515, followed

Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611, applied

Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280, applied

Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402, referred to

Our Town FM Pty Ltd v Australian Broadcasting Tribunal (1987) 16 FCR 465, cited

Bustescu v Minister for Immigration and Multicultural Affairs [1999] FCA 1713 (1999); 57 ALD 161, distinguished

Ruddock v Vadarlis [2001] FCA 1865 at 11; (2001) 188 ALR 143; (2001) 115 FCR 229, referred to