Evans v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 307

FEDERAL COURT OF AUSTRALIA

Evans v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 307 MIGRATION – appeal from Administrative Appeals Tribunal – applicant convicted of attempted murder - visa cancelled – whether the Tribunal's "perception" was unreasonable and constituted jurisdictional error on grounds of "character test" – whether the Tribunal's failure to take account of the applicant's improved mental condition was a factor that the Tribunal was bound to consider – whether findings open to Tribunal

WORDS AND PHRASES – "unreasonableness", "relevant consideration"

Migration Act 1958 (Cth), s 501 Evans v Minister for Immigration and Multicultural and Indigenous Affairs [2005] AATA 1051 cited Luu v Minister for Immigration and Multicultural and Indigenous Affairs [1998] FCA 1021 applied Bridges v Minister for Immigration and Multicultural and Indigenous Affairs [2001] FCAFC 1647 applied Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223 distinguished Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 applied MICHAEL JOHN EVANS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NO TAD 51 OF 2005 HEEREY 28 MARCH 2006 MELBOURNE (HEARD IN HOBART)

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY TAD 51 OF 2005

BETWEEN: MICHAEL JOHN EVANS

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

ADMINISTRATIVE APPEALS TRIBUNAL

SECOND RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 28 MARCH 2006

WHERE MADE: MELBOURNE (HEARD IN HOBART)

THE COURT ORDERS THAT: The appeal is dismissed with costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.