Tran v Minister For Immigration & Multicultural & Indigenous Affairs [2004] FCA 1396

FEDERAL COURT OF AUSTRALIA

Tran v Minister For Immigration & Multicultural & Indigenous Affairs [2004] FCA 1396 MIGRATION – appeal from Federal Magistrates Court – cancellation of Permanent Residence visa – "substantial criminal record" – whether jurisdictional error in respondent's exercise of discretion to cancel visa – whether irrelevant matters were taken into account in Issues Paper – whether inability to see how material in Issues Paper was "distilled" amounts to denial of natural justice – whether full sentencing remarks of Judge should have been set out in body of Issues Paper

Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), s 501(2) Branir Pty Ltd v Owston Nominees Pty Ltd (No 2) (2001) 117 FCR 424 at [21]-[22] cited Dagli v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 497 at [47] cited Firlais v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 725 at [25] cited Tuncok v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1069 at [35] cited Re Minister for Immigration and Indigenous Affairs; Ex parte Palme (2003) 201 ALR 327 at [16] applied Naidu v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 184 distinguished TRAN BUI DO V MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS V712 of 2004 HEEREY J MELBOURNE 29 OCTOBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 712 OF 2004

BETWEEN: TRAN BUI DO

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 29 OCTOBER 2004

WHERE MADE: MELBOURNE

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