Roberts v Minister for Immigration & Multicultural Affairs [2004] FCA 739

FEDERAL COURT OF AUSTRALIA

Roberts v Minister for Immigration & Multicultural Affairs [2004] FCA 739 IMMIGRATION – judicial review – cancellation of visa – failure to pass character test – substantial criminal record – conspiring to import ecstasy – 15 year sentence – purported cancellation of visa by delegate – setting aside of delegate's decision by Administrative Appeals Tribunal – cancellation of visa by Minister – reference to non-existent visa in Issues Paper - permanent entry permit – deemed visa after 1 September 1994 – failure to give reasons for decision – whether decision vitiated – whether failure to consider national interest – failure to set aside Administrative Appeals Tribunal decision

Migration Act 1958 (Cth) s 501, s 501A, s 501G, s 476(1) Migration Reform Act 1992 (Cth) s 14, s 16A, s 16B, s 17, s 18, s 43, s 46

Migration Reform (Transitional Provisions) Regulations 1994 (Cth) reg 4 Minister for Immigration, Multicultural and Indigenous Affairs Ex parte Palme (2003) 201 ALR 327 cited Minister for Immigration and Multicultural Affairs v W157/00A (2002) 125 FCR 433 followed Nezovic v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2003) 203 ALR 33 cited W157/00A v Minister for Immigration and Multicultural Affairs (2001) 190 ALR 55 cited Minister for Immigration, Multicultural and Indigenous Affairs v Schwart [2003] FCAFC 229 applied Re Paterson; Ex parte Taylor (2001) 207 CLR 391 cited ARTHUR REGINALD ROBERTS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W225 OF 2001 FRENCH J 9 JUNE 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W225 OF 2001

BETWEEN: ARTHUR REGINALD ROBERTS

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT