Kinikini v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1144

FEDERAL COURT OF AUSTRALIA

Kinikini v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1144 MIGRATION – appeal from a decision of Federal Magistrates Court of Australia dismissing an application for relief challenging a decision by the Minister to exercise his discretion under s 501(2) of the Migration Act 1958 to cancel a Resident Return Visa on character grounds – whether taking into account seriousness of offence as such was an irrelevant consideration – whether decision to cancel was for purpose of double punishment – whether inconsistent with Ch III of the Constitution – appeal dismissed CONSTITUTIONAL LAW – whether cancellation of visa double punishment contrary to Ch III Constitution, Ch III Migration Act 1958 (Cth), s 501(2)

Kinikini v Minister for Immigration [2005] FMCA 205, upheld Akpata v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 65, followed Ayan v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 196 ALR 332, cited Dagli v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 298, cited Djalic v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 151, followed Kamha v Australian Prudential Regulation Authority [2005] FCA 480, cited Minister for Immigration and Multicultural Affairs v W157/OOA (2002) 72 ALD 49, cited Re Minister for Immigration and Multicultural Affairs; Ex Parte Meng Kok Te (2002) 212 CLR 162, cited Shaw v Minister for Immigration and Multicultural Affairs (2003) 203 ALR 143; 78 ALJR 203, cited Tuncok v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 172, followed

NACANIELI KINIKINI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

NSD 462 OF 2005

GYLES J

18 AUGUST 2005