Hicks v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1671

FEDERAL COURT OF AUSTRALIA

Hicks v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1671 MIGRATION – judicial review – New Zealand citizen – refusal of visa – failure to pass character test under s 501(6) of the Migration Act 1958 (Cth) – application for special category class TY444 visa – whether provisions for special category visas repugnant to provisions of character test – whether declaration should issue to the effect that at the moment the applicant entered Australia and then the migration zone he was the holder of a visa – whether refusal not made in accordance with requirements of natural justice because protected information was not divulged, communicated or summarised – whether decision-maker precluded from selective use of different ground on occasion of subsequent application

Migration Act 1958 (Cth) ss 5, 13, 14, 15, 29(1), 30, 31, 32, 65, 82(8), 501, 503A Migration Reform Act (1992) (Cth) Migration (Offences and Undesirable Persons) Amendment Act 1992 (Cth) Migration Legislation Amendment (Strengthening of Provisions Relating to Character and Conduct) Act 1998 (Cth) Migration Legislation Amendment (Protected Information) Act 2003 (Cth) Migration Regulations 1994 Sch 1 Pt 2 item 1219, Sch 2 item 444.511, reg 5.15A Ansett Transport Industries (Operations) Pty Limited (1977) 139 CLR 54 applied Ayr Harbour Trustees v Oswald (1883) 8 App CAS 623 cited Goodwin v Phillips (1908) 7 CLR 1 cited Graham v Deputy Chief of Air Force [2004] FCA 1377 cited Hicks v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 757 cited Hicks v Nixon [2004] FCA 290 cited Hicks v Nixon [2004] FCAFC 223 cited Hoffman v Chief of Army [2004] FCAFC 148 distinguished Minister for Immigration & Multicultural & Indigenous Affairs v Ball [2004] FCAFC 91 applied Minister for Immigration & Multicultural & Indigenous Affairs v Hicks [2004] FCAFC 114 cited Refrigerated Express Lines (A/Asia) Pty Ltd v Australian Meat and Live-Stock Corporation (1980) 29 ALR 333 distinguished STEPHEN EDWARD HICKS v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W177 of 2003 RD NICHOLSON J 17 DECEMBER 2004 PERTH