Navarrete v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1723

FEDERAL COURT OF AUSTRALIA

Navarrete v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1723 MIGRATION - s 501 of the Migration Act 1958 – submissions which included draft reasons for Minister – material exaggeration in draft reasons – lack of procedural fairness. Commissioner for Australian Capital Territory Revenue v Alphaone Pty Limited (1994) 49 FCR 576 applied Kioa v West (1985) 159 CLR 550 referred to Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 77 ALJR 1829; 201 ALR 327 applied IVAN RAFAEL PEREIRA NAVARRETE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1521 of 2004 ALLSOP J 21 DECEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1521 of 2004

BETWEEN: IVAN RAFAEL PEREIRA NAVARRETE

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 21 DECEMBER 2004

WHERE MADE: SYDNEY

THE COURT DECLARES: 1. that the decision of the respondent Minister made on 13 August 2004 to cancel the applicant's visa was made in circumstances of the applicant being denied procedural fairness. THE COURT ORDERS THAT: 1. a writ in the nature of certiorari issue to quash said decision of the respondent; 2. the respondent be restrained, herself and through her servants or agents, from dealing with the applicant on a basis other than that his visa was not validly cancelled by the above decision; 3. the applicant be released from immigration detention forthwith; 4. the respondent pay the applicant's costs; 5. these orders not be entered prior to 3.00 p.m. today; 6. leave be granted to the respondent to relist the matter at 2.15 pm today on notice to counsel to seek any variation to these orders. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.