Moradian v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1590

FEDERAL COURT OF AUSTRALIA

Moradian v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1590

MIGRATION – visa – visa of a kind that could not be granted while applicant in the migration zone – criterion for grant of visa that applicant be 'employed' for remuneration for a specified period – information received by decision-maker from source other than applicant – information that work done by applicant was voluntary – whether decision-maker obliged to notify applicant of this information and to give him an opportunity to respond – whether obligation to afford applicant procedural fairness displaced by statutory provisions – whether denial of procedural fairness – whether decision-maker obliged to notify applicant that decision would turn on issue of remuneration – whether decision-maker misconstrued meaning of remuneration WORDS AND PHRASES – 'remuneration' Migration Act 1958 (Cth) ss 338, 56, 57, 5(1), 51A, 359A, 359B, 357A, 424, 424A, 422B, 48, 66(2)(c), 66(3), 425, 474(2), 474(1), 477 Judiciary Act 1903 (Cth) s 39B Acts Interpretation Act 1901 (Cth) ss 15AA and 15AB Migration Regulations 1994 (Cth) Sch 2 item 136, reg 2.26A(7)

Annetts v McCann (1990) 170 CLR 596 applied Re Refugee Tribunal; Ex parte Aala [2000] HCA 57 (2000) 204 CLR 82 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Miah [2001] HCA 22 (2001) 206 CLR 57 cited WAJR v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 106 considered NAQF v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 781 (2003) 130 FCR 456 considered Wu v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1249 distinguished WAID v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 220 cited Kioa v West (1985) 159 CLR 550 cited Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 (2003) 211 CLR 476 cited D E Austin v AGP Pty Ltd, Australian Industrial Relations Commission, Watson SDP, 17 July 1998, Print No. Q3793 KAIWAN MORADIAN v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 1028 of 2003 GRAY J 6 DECEMBER 2004 MELBOURNE