Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lorenzo v Minister for Immigration & Multicultural & Indigenous Affairs and Commonwealth of Australia [2004] FCA 435
MIGRATION – cancellation of visa under s 501(2) of the Migration Act 1958 – bad character due to serious offence - denial procedural fairness – submission to the Minister contained information that created a false impression – applicant not informed of false impression – failure to inform applicant that mother of his son had not provided a letter – interests of children to be a primary consideration MIGRATION – failure to provide reasons in reasonable time – breach of s 501G of the Migration Act 1958 – written reasons given more than 12 months after decision made – Minister's reasons not admitted into evidence CONSTITUTIONAL LAW – Deportation under the Migration Act 1958 is not akin to Executive imposition of a punishment upon a person already punished for an offence – deportation is not an exercise of Chapter III Judicial power by the Executive
Migration Act 1958 (Cth); s 501(2), 501(6), 501(7), 501G Judiciary Act 1903 (Cth); s 39B Constitution; s 75(v) Preston v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCA 107 cited Dagli v Minister [2003] FCA 298 cited Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 cited Re Minister for Immigration & multicultural & Ethnic Affairs; Ex parte Palme (2003) 77 ALJR 1829 cited Minister for Immigration & Ethnic Affairs v Teoh (1995) 183 CLR 273 cited Kioa v West (1985) 159 CLR 550 referred to Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 cited Re Refugee Review Tribunal; ex parte Aala (2000) 204 CLR 82 cited Beldjoudi v France (1992) 14 EHRR 801 referred to Nasri v France (1995) 21 EHRR 458 referred to Menhemi v France (1997) 30 EHRR 739 referred to Chu Kheng Lim v Minister for Immigration (1992) 176 CLR 1 cited JULIO LORENZO v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND THE COMMONWEALTH OF AUSTRALIA N 290 of 2003 HILL J 16 APRIL 2004 SYDNEY
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