Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Li v Minister for Immigration & Citizenship [2007] FCA 266 MIGRATION – tourist visa – short stay – cancellation – where no interpreter present during part of interview – where inappropriate interpreter provided for part of interview – review application to Federal Magistrates Court – dismissed – appeal – whether jurisdictional error – whether denial of procedural fairness – where refusal to admit evidence – no practical injustice – appeal dismissed Migration Act 1958 (Cth)s 116(1)(g), s 119 Migration Regulations 1994 (Cth) reg 2.43(1) Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502 applied LI LI v MINISTER FOR IMMIGRATION AND CITIZENSHIP VID 48 OF 2007
MARSHALL J
2 MARCH 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 48 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: LI LI
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Respondent
JUDGE: MARSHALL J DATE OF ORDER: 2 MARCH 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The respondent's name be changed to 'Minister for Immigration and Citizenship'. 2. The appeal is dismissed. 3. The appellant pay the respondent's costs of the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 48 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: LI LI
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Respondent
JUDGE: MARSHALL J
DATE: 2 MARCH 2007
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 Ms Li is a citizen of the Peoples' Republic of China, who is ordinarily resident in Cambodia. On 17 November 2006, Ms Li arrived at Melbourne airport as the holder of a subclass 676 (Tourist (Short Stay)) visa. Shortly after her arrival, an officer of the respondent Minister's Department interviewed her. As a result of that interview, the officer cancelled Ms Li's visa. Ms Li issued a proceeding in the Federal Magistrates Court, claiming that the officer's decision was affected by jurisdictional error, including a denial of natural justice. 2 Federal Magistrate Burchardt dismissed Ms Li's application. She now appeals to this Court. Two issues arise on the appeal: · whether the officer denied Ms Li procedural fairness in conducting the interview at times without an interpreter; and · whether the Federal Magistrate denied Ms Li procedural fairness by refusing to admit evidence concerning the conduct of the interview.
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