Chai v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1460

FEDERAL COURT OF AUSTRALIA

Chai v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1460 MIGRATION – Visas – Cancellation – Character grounds – procedural fairness – whether legitimate expectation that Minister would have regard to the Minister's Direction – whether legitimate expectation that the Minister will have regard to the best interests of the children pursuant to the United Nations Convention on the Rights of the Child – content of the legitimate expectation – where children are Australian citizens – whether regard had to citizenship of children – whether practical injustice MIGRATION – Visas – Cancellation – Character grounds – whether hardship to and/or the best interests of the children is a mandatorily relevant consideration

Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) Aksu v Minister for Immigration & Multicultural Affairs [2001] FCA 514 Jahnke v Minister for Immigration & Multicultural Affairs [2001] FCA 897 discussed Minister for Immigration & Ethnic Affairs v Teoh (1995) 183 CLR 273 Minister for Immigration & Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 discussed Minister for Immigration & Multicultural Affairs v W157/00A (2002) 125 FCR 433 followed Minister for Immigration & Multicultural Affairs v Yusuf (2001) 206 CLR 323 applied Minister for Immigration & Multicultural & Indigenous Affairs v Huynh (2004) 139 FCR 505 discussed, followed Perez v Minister for Immigration & Multicultural Affairs [2002] FCA 450, 119 FCR 454 followed Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 applied Wan v Minister for Immigration & Multicultural Affairs (2001) 107 FCR 133 CHONG MUN CHAI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1361 OF 2004 MADGWICK J 14 OCTOBER 2005 SYDNEY