Shaw v Minister for Immigration & Multicultural Affairs [2004] FCA 1353

FEDERAL COURT OF AUSTRALIA

Shaw v Minister for Immigration & Multicultural Affairs [2004] FCA 1353 MIGRATION – visas – cancellation of transitional (permanent) visa under s 501(2) of the Migration Act 1958 (Cth) – where applicant did not pass the character test – operation and nature of the Minister's discretion given by s 501(2) – whether the Minister unlawfully fettered his discretion under s 501 by applying Direction No 17 made under s 499 – whether the Minister unlawfully fettered his discretion under s 501 by adopting the reasoning set out in departmental briefing paper Statutes Migration Act 1958 (Cth) ss 501, 499, 476(1)(e), 476(1)(b), 476(1)(c), 501(2), 501G(1)(e), 501(6), 501(7), 501(7)(c), 501(6)(a), 501(1), 499(1), 501A Cases Aksu v Minister for Immigration & Multicultural Affairs [2001] FCA 514 Cons Awa v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 63 Refd Jahnke v Minister for Immigration & Multicultural Affairs [2001] FCA 897 Cons Madafferi v Minister for Immigration & Multicultural Affairs [2002] FCAFC 220 Cons, Appl Minister For Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Cited Minister for Immigration and Multicultural Affairs v W157/00A (2002) 125 FCR 433 Cons Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 Cited Re Ruddock, Minister for Immigration and Multicultural Affairs; Ex parte Truong (2003) 202 ALR 305 Cited Ruhl v Minister for Immigration and Multicultural Affairs (2001) 184 ALR 401 Cons, Dist Shaw v Minister for Immigration and Multicultural Affairs (2003) 78 ALJR 203 Cited Turini v Minister for Immigration & Multicultural Affairs [2001] FCA 822 Cons SHAW V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q22 of 2004 KIEFEL J BRISBANE 20 OCTOBER 2004

IN THE FEDERAL COURT OF AUSTRALIA