Zhao v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1532

FEDERAL COURT OF AUSTRALIA

Zhao v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1532

MIGRATION – application for writ of certiorari in respect of decision of Minister to cancel visa on character grounds – privative clause decision – where Minister relied on protected information – where issues paper disclosed applicant's wife falun gong practitioner – whether failure to take into account protection obligations owed to applicant's wife and consequently protection obligations to applicant – where a criterion for a protection visa can be membership of same family unit as a refugee – where Australian domestic law extends protective effect of Refugees Convention to members of a family unit of a refugee but where no international obligations under Refugees Convention to members of family unit of a refugee unless members are refugees themselves – no failure to take into account relevant consideration in cancelling visa under s 501 – delay in serving notice of decision did not establish Minister not acting in good faith – criminal conduct and general conduct not mutually exclusive

Migration Act 1958 (Cth) ss 501, 501C

Herrera v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 314 referred to Minister for Immigration and Multicultural Affairs v W157/00A (2002) 125 FCR 433 referred to Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 211 CLR 441 applied Wong v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 204 ALR 722 applied HAI DONG ZHAO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N543 OF 2002 MOORE J 26 NOVEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N543 OF 2002

BETWEEN: HAI DONG ZHAO