Lu v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 543

FEDERAL COURT OF AUSTRALIA

Lu v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 543 MIGRATION – application for review of decision of Minister to set aside decision of Administrative Appeals Tribunal – effect of that decision was cancellation of applicant's visa – applicant convicted of several serious offences – whether Tribunal's decision was "original decision" within meaning of s 501A of Migration Act 1958 (Cth) – whether Minister acted correctly in applying "new" character test in s 501(7)of Migration Act 1958 (Cth) – whether Minister failed to take into account relevant considerations – whether applicant entitled to injunctive relief Judiciary Act 1903 (Cth)s 39B Migration Act 1958 (Cth) ss 200, 501, 501A, 501G(1)(e), 502 Migration Legislation Amendment (Strengthening of Provisions relating to Character and Conduct) Act 1998 (Cth) Sch 1, items 32 and 33 Singh v Minister for Immigration and Multicultural Affairs (2000) 105 FCR 453 referred to Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223 cited Nocton v Lord Ashburton [1914] AC 932 at 953 referred to Bateman's Bay Local Aboriginal Land Council v The Aboriginal Community Benefit Fund Pty Limited (1998) 194 CLR 247 at 258 referred to Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135 at 144 and 157-8 referred to Abebe v The Commonwealth of Australia (1999) 197 CLR 510 at 551-552 referred to Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 at 39-41 referred to W352 v Minister for Immigration and Multicultural Affairs [2002] FCA 398 at [32] referred to Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 referred to SBBS v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 361 referred to Minister for Immigration & Multicultural & Indigenous Affairs v SBAN [2002] FCAFC 431 referred to Hicks v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 757 at [55]-[79] referred to Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Palme (2003) 201 ALR 327 at [30] and [62] referred to Justice R S French "The Equitable Geist in the Machinery of Administrative Justice", AIAL Forum, No. 39, September 2003, pp 1-17 HO SONG LU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENEOUS AFFAIRS V983 of 2003 WEINBERG J 5 MAY 2004 MELBOURNE