Lorenzo Paduano v Minister for Immigration & Multicultural & Indigenous Affairs & Migration Review Tribunal [2005] FCA 211

FEDERAL COURT OF AUSTRALIA

Lorenzo Paduano v Minister for Immigration & Multicultural & Indigenous Affairs & Migration Review Tribunal [2005] FCA 211

IMMIGRATION – Application for Subclass 155 (Five Year Resident Return) Visa refused – Tribunal found applicant did not satisfy legislative requirements –– whether jurisdictional error or error of law occurred WORDS AND PHRASES - Whether Tribunal erred in construction of the term 'compelling reasons for the absence' Administrative Decisions (Judicial Review) Act 1997 (Cth), s. 5 Judiciary Act1903 (Cth), s. 39B Migration Act 1958 (Cth), Part 2, Division 3 and Part 5, Division 3 Migration Regulations 1994 (Cth), Schedule 2, subclause 155.212(3A)(b)(i) Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to Australian Gas Light Co. v Valuer‑General (1940) 40 SR (NSW) 126 referred to Babicci v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1645 distinguished Bozanich v Minister for Immigration and Multicultural Affairs [2002] FCA 81 considered Cakmak v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 135 FCR 183 referred to Collector of Customs v Agfa‑Gevaert Ltd (1996) 186 CLR 389 referred to Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 referred to Craig v South Australia (1995) 184 CLR 163 referred to Hope v Bathurst City Council (1980) 144 CLR 1 referred to House of Peace Pty Ltd v Bankstown City Council (2000) 48 NSWLR 498 referred to Ji v Minister for Immigration and Multicultural Affairs [2001] FCA 904 referred to McNamara v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1096 distinguished Minister for Immigration and Multicultural and Indigenous Affairs v Yusuf (2001) 206 CLR 323 referred to NAGV and NAGW of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 6 referred to Provincial Insurance Australia Pty Ltd v Consolidated Wood Products Pty Ltd (1991) 25 NSWLR 541referred to Re Drake and the Minister for Immigration and Ethnic Affairs (No. 2) (1978‑1980) 2 ALD 634; 11 FLR 203 referred to Re Ruddock & Ors; Ex parte Reyes (2000) 177 ALR 484 referred to Re Minister for Immigration and Multicultural Affairs and Ors; Ex parte Cohen (2000-2001) 177 ALR 473 referred to Tumelty v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FMCA 139 considered LORENZO PADUANO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND MIGRATION REVIEW TRIBUNAL VID 741 of 2004 CRENNAN J 10 MARCH 2005 MELBOURNE