Davis v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 686

FEDERAL COURT OF AUSTRALIA

Davis v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 686

MIGRATION – application for review of decision of the Migration Review Tribunal – application for subclass 820 (spouse) visa – procedural fairness – use of material for which a Ministerial certificate had been issued under s 375A of the Migration Act 1958 (Cth) – whether s 362A of the Migration Act 1958 (Cth) requires the Tribunal to produce material for which a Ministerial Certificate had been issued under s 375A of the Migration Act 1958 (Cth) – reasons – whether Migration Review Tribunal must set out findings in relation to criteria in sub-regulation 1.15A(3) of the Migration Regulations 1994 – apparent bias – whether statement in reasons as to the relevance of age difference and difference in culture in a marriage constitutes bias Migration Act 1958 (Cth) s 5, 357A, 359A, 362A, 368, 375, 375A, 376, 379A, 474 Freedom of Information Act 1982 (Cth) Migration Legislation Amendment (Procedural Fairness) Act 2002 Migration Regulations 1994 reg 1.15A, Schedule 2 cl 820.211 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 followed Bretag v Immigration Review Tribunal (unreported, O'Loughlin J, 29 November 1991) applied MARION GABRIELE DAVIS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS Q 159 OF 2003 DOWSETT J 1 JUNE 2004 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 159 OF 2003

BETWEEN: MARION GABRIELE DAVIS

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 1 JUNE 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of and incidental to the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.