VKAC v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 974

FEDERAL COURT OF AUSTRALIA

VKAC v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 974 MIGRATION – cancellation of visas of brother and sister – statement of citizenship in Issues Papers to former Minister said to be in error – applicants claim their true status is statelessness – not a failure to take into account statelessness (if it is a fact) as a relevant consideration – not a taking into account of an irrelevant consideration – no denial of procedural fairness not putting issue of the citizenship to each applicant for refutation or comment – in the case of the female applicant, no denial of procedural fairness in alleged failure of former Minister to consider reasons of Court of Criminal Appeal in reducing her sentence for drug offences

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 189, 196, 198, 501, 501E

Al-Kateb v Godwin (2004) 208 ALR 124 followed Berryman v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 993 cited Craig v South Australia (1995) 184 CLR 163 followed Dagli v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 133 FCR 541 distinguished Djalic v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 151 followed Jones v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 70 distinguished Kioa v West (1985) 159 CLR 550 cited Lu v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 340 followed Minister for Immigration & Multicultural & Indigenous Affairs v Huynh (2004) 211 ALR 126 followed Minister for Aboriginal Affairs v Peko Wallsend Ltd [1986] 162 CLR 24 followed Minister for Immigration & Multicultural & Indigenous Affairs v W157/00A (2002) 125 FCR 433 followed Minister for Immigration & Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Naidu v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 83 ALD 64 distinguished Refugee Review Tribunal and Another, Re; Ex parte Aala (2000) 204 CLR 82 cited Stead v SGIC (1986) 161 CLR 141 cited Videto v MIEA (1985) 8 FCR 167 distinguished WAEJ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 188 cited VKAC v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS VID 761 of 2002 WAKW v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS WAD 131 of 2003 NICHOLSON J 15 JULY 2005 PERTH