Boyes v Minister for Immigration and Citizenship [2007] FCA 505

FEDERAL COURT OF AUSTRALIA

Boyes v Minister for Immigration and Citizenship [2007] FCA 505

IMMIGRATION – review of decision of AAT cancelling applicant's visa – applicant does not pass character test due to substantial criminal record – whether AAT had no regard to relevant considerations, relied on irrelevant consideration and asked itself wrong question – no error found Plaintiff S157/2002 v Commonwealth of Australia(2003) 211 CLR 476 cited Epenisa v Minister for Immigration and Multicultural Affairs [2007] FCA 80 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 referred to Lu v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 141 FCR 346 referred to Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited Minister for Immigration and Multicultural Affairs v SRT (1999) 91 FCR 234 referred to Minister for Immigration and Ethnic Affairs v Daniele (1981) 61 FLR 354 referred to Djalic v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 292 referred to Taylor v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 208 referred to Wan v Minister for Immigration and Multicultural Affairs (2001) 107 FCR 133 distinguished DAVID ERIC BOYES v MINISTER FOR IMMIGRATION AND CITIZENSHIP VID 616 OF 2006

KENNY J

10 april 2007 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 616 OF 2006

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL BETWEEN: DAVID ERIC BOYES

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

Respondent

JUDGE: KENNY J DATE OF ORDER: 10 APRIL 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA