Pull v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCA 20

FEDERAL COURT OF AUSTRALIA

Pull v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCA 20 MIGRATION – appeal from decision of Administrative Appeals Tribunal affirming decision of delegate of Minister to cancel appellant's visa – where appellant a non-citizen resident in Australia since 1980 – where appellant granted transitional permanent visa – where appellant convicted of a large number of criminal offences in Australia – where Minister cancelled appellant's transitional permanent visa on character grounds pursuant to s 501(2) of the Migration Act 1958 (Cth) – whether applicant held absorbed person visa – whether absorbed person visa and transitional permanent visa held simultaneously – whether Tribunal required to consider effect of cancellation of appellant's absorbed person visa – whether power conferred by s 501(2) limited by terms of s 200 and s 201 of the Migration Act 1958 (Cth) – whether s 501(2) of the Migration Act 1958 (Cth) infringes Chapter 111 of the Constitution – whether s 501 used for the purpose of punishment – whether Tribunal member properly took into account expectations of Australian community. Held – appellant held both transitional permanent visa and absorbed person visa – Tribunal not required to take into account effect of cancellation of absorbed person visa in decision regarding cancellation of transitional permanent visa – s 501 of Migration Act 1958 (Cth) not limited by s 200 and s 201 – s 501(2) not unconstitutional – no evidence Tribunal member exercised power for improper or punitive purpose – Tribunal member did take expectations of Australian community into account – appeal dismissed. Administrative Appeals Tribunal Act 1975 (Cth) s 44 Commonwealth of Australia Constitution Act 1901 (Cth) Judiciary Act 1903 (Cth) s 78B Migration Act 1958 (Cth) ss 34, 82, 200, 201, 483, 499, 501, 502 Migration Reform (Transitional Provisions) Regulations (Cth) reg 4 Djalic v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 292applied Johnson v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 136 FCR 494 cited Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 81 ALJR 1 followed Nystrom v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 143 FCR 420 not followed Shaw v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 142 FCR 402 considered Shaw v Minister for Immigration and Multicultural Affairs (2003) 218 CLR 28 followed ALLAN PULL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND ADMINISTRATIVE APPEALS TRIBUNAL SAD 241 OF 2005