Herrera v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 428

FEDERAL COURT OF AUSTRALIA

Herrera v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 428 MIGRATION – decision by respondent to cancel applicant's visa under s 501(2) of the Migration Act 1958 (Cth) – applicant failed character test by having a substantial criminal record – whether Minister's failure to provide reasons constitutes jurisdictional error – whether the applicant was afforded a meaningful opportunity to deal with adverse material such as sentencing comments and parole reports Migration Act 1958 (Cth) ss 474, 477, 499, 501, 501G Acts Interpretation Act 1901 (Cth) s 25D Judiciary Act 1903 (Cth) s 39B Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 applied. Minister for Immigration and Multicultural Affairs v W157/00A (2002) 125 FCR 433 applied. Ayan v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 196 ALR 332 cited. Dagli v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 298 cited. Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 201 ALR 327 applied. Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited. National Companies and Securities Commission v News Corporation (1984) 156 CLR 296 cited. Kioa v West (1985) 159 CLR 550 cited. Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502 cited. Ayan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 139 cited. Muin v Refugee Review Tribunal (2002) 190 ALR 601 cited. Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 cited. Tuncok v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1069 cited. Stead v State Government Insurance Commission (1989) 161 CLR 141 cited. Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82cited.