Berryman v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 993

FEDERAL COURT OF AUSTRALIA

Berryman v Minister for Immigration & Multicultural & Indigenous Affairs

[2004] FCA 993 MIGRATION – judicial review – cancellation of visa – character test – consideration of best interests of children – procedural fairness – International Covenant on Rights of Child – Minister's Direction – legitimate expectation – whether open to Court to infer want of relevant consideration of best interests of the child by Minister – whether adverse material placed before Minister without notice to visa holder – procedural fairness

Migration Act 1958 (Cth) s 501, s 474, s 499 Migration (Reform) Act 1994 (Cth) Judiciary Act 1903 (Cth) s 39B

Shaw v Minister for Immigration and Multicultural Affairs (2003) 203 ALR 143 cited Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 cited Le v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 875 cited Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 cited Nezovic v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2003) 203 ALR 33 cited DENVER MAUI BERRYMAN v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W339 OF 2002 FRENCH J 30 JULY 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W339 OF 2002

BETWEEN: DENVER MAUI BERRYMAN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 30 JULY 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. 3. The respondent's motion filed 18 May 2004 be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.