VWOK v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 336

FEDERAL COURT OF AUSTRALIA

VWOK v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 336

IMMIGRATION – whether a spent conviction order in Western Australia is a conviction for the purposes of cl 866.222A of the Migration Regulations – whether cl 866.222A invalid as inconsistent with or repugnant to the Migration Act 1958 (Cth)

Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Crimes Act 1914 (Cth), s 85ZM, 85ZV and 85ZZH Judiciary Act 1903 (Cth), s 39 Justices Act 1902 (WA), s 150 Migration Amendment Regulations 2001 (No. 8) SR 246 of 2001, cl 866.222A and 785 Migration Act 1958 (Cth), ss 4(1) and (2), 29, 31(2) and (3), 36(1) and (2), 45, 65(1) and 501 Misuse of Drugs Act 1981 (WA), ss 5(1)(d)(i) and 6 Sentencing Act 1995 (WA), ss 4, 39 and 45 Spent Convictions Act 1988 (WA), ss 3, 25(1) and 28(1)

Project Blue Sky Inc. v Australian Broadcasting Authority (1998) 194 CLR 355 referred to Ira, L & LC Berk Ltd v The Commonwealth (1930) 30 SR (NSW) 119 referred to Morton v Union Steamship Company of New Zealand (1951) 83 CLR 402 referred to Shanahan v Scott (1957) 96 CLR 245 referred to VWOK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS VID 858 OF 2004 CRENNAN J 1 APRIL 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 858 OF 2004

BETWEEN: VWOK

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CRENNAN

DATE OF ORDER: 1 APRIL 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Application dismissed.

2. Applicant to pay the respondent's costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 858 OF 2004