Taylor v Minister for Immigration & Multicultural Affairs [2004] FCA 1081

FEDERAL COURT OF AUSTRALIA

Taylor v Minister for Immigration & Multicultural Affairs [2004] FCA 1081 MIGRATION – alleged jurisdictional error – failure to accord natural justice – alleged failure to have regard to interests of family including particularly grandchildren – alleged failure to have regard to principles of international obligations – issues document not record of former Minister's decision – whether not open to inference from issues document that former Minister failed to so have regard to factors alleged – relevance of Direction 21

Judiciary Act 1903 (Cth) s 39B, 78B Migration Act 1958 (Cth) ss 474, 499, 501, 501G International Covenant on Civil and Political Rights, 19 December 1966, entered into force 13 November 1980 art 23, 23.1 Convention on the Rights of the Child, 20 November 1989, entered into force 16 January 1991 art 3.1 Long v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 76 ALD 610 considered Luu v Minister for Immigration & Multicultural Affairs (2001) 65 ALD 161 cited Luu v Minister for Immigration & Multicultural Affairs (2002) 127 FCR 24 cited Minister for Immigration & Ethnic Affairs v Teoh (1995) 183 CLR 273 considered Minister for Immigration & Multicultural & Indigenous Affairs v Scargill [2004] HCA Trans 21 (13 February 2004) cited Minister for Immigration & Multicultural & Indigenous Affairs, Re; Ex parte Palme (2003) 201 ALR 327 cited Minister for Immigration & Multicultural Affairs v W157/00A (2002) 125 FCR 433 followed Minister for Immigration & Multicultural Affairs, Re; Ex parte Lam (2003) 195 ALR 502 cited Nguyen v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 19 cited Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 cited Taylor v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 592 cited NEVILLE TAYLOR v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W10 of 2002 RD NICHOLSON J 20 AUGUST 2004 PERTH