Le v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1530

FEDERAL COURT OF AUSTRALIA

Le v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1530 MIGRATION – cancellation of visa for failure to pass character test – judicial review – where Administrative Appeals Tribunal referred to paper linking immigration, demography and crime – whether taken into account – whether evidence of apprehended bias – whether failure to put material to applicant constituted denial of procedural fairness

Migration Act 1958 (Cth) s 501 Webb v R (1994) 181 CLR 41, applied Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425, cited Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Lam [2003] 214 CLR 1, cited Re Refugee Review Tribunal; Ex parte AALA 204 CLR 82, cited Hot Holdings Pty Ltd v Creasy (2002) 193 ALR 90, cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, cited NAEB of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 25, cited THANH PHONG LE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1130 OF 2005 EDMONDS J 1 NOVEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1130 OF 2005

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: THANH PHONG LE

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EDMONDS J

DATE OF ORDER: 1 NOVEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed with costs.

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

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1130 OF 2005

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: THANH PHONG LE

APPLICANT