Seyfarth v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1713

FEDERAL COURT OF AUSTRALIA

Seyfarth v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1713 MIGRATION – judicial review – deportation order made by the Minister under s 501(2) of the Migration Act 1958 (Cth) ('the Act') – the Minister's power stated to have been exercised pursuant to s 501(6)(a) and 501(6)(c)(i) of the Act – no reasons for decision given – submission to the Minister unclear – supporting documentation to submission included information upon which the Minister could have formed a reasonable suspicion that the applicant did not pass the s 501(6) character test – not possible to draw inference that the Minister failed to take account of supporting documentation – the Minister exercised his power within jurisdiction – no jurisdictional error demonstrated – application dismissed Constitution s 75(v) Migration Act 1958 (Cth) s 91X, 501, 501(6)(a), 501(6)(c), 501(6)(c)(i), 501(7)(c), 501G(4), 503A Crimes (Sentencing Procedure) Act 1999 (NSW) s 24(a) Justices Act 1902 (NSW) s 125B(1) Sentencing Act 1989 (NSW) s 5(4), 8 Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Palme (2003) 201 ALR 327 applied Goldie v Commonwealth (2002) 117 FCR 566 distinguished Hicks v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 114 considered Howells v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 327 applied Long v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 76 ALD 610 considered Lorenzo v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 435 applied Minister for Immigration & Multicultural & Indigenous Affairs v Ball [2004] FCAFC 91 considered Minister for Immigration & Multicultural & Indigenous Affairs v W157/00A (2001) 125 FCR 433 applied Re Minister for Immigration & Multicultural Affairs; Ex parte Cassim (2000) 175 ALR 209 Re Minister for Immigration & Multicultural Affairs; Ex parte Applicant S154/2002 (2003) 201 ALR 437 cited R v McHugh (1985) 1 NSWLR 588 cited R v Galati [2003] NSWCCA 148 cited R v Nykolyn [2003] NSWCCA 229 cited Shaw v Minister for Immigration and Multicultural Affairs (2003) 203 ALR 143 cited Te v Minister for Immigration & Ethnic Affairs (1999) 88 FCR 264 considered Tuncok v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1069 cited EDWARD NICHOLAS SEYFARTH v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 597 OF 2004 HELY J 22 DECEMBER 2004 SYDNEY