AB v Minister for Immigration and Citizenship [2007] FCA 910

FEDERAL COURT OF AUSTRALIA

AB v Minister for Immigration and Citizenship [2007] FCA 910

MIGRATION – Judicial review – Review of Minister's decision not to grant a visa to applicant – Refusal on character grounds – Where Minister took into account as a relevant consideration whether returning applicant to his country of origin is consistent with Australia's treaty obligations – Where Minister has no statutory obligation to give effect to treaty obligations – Where Minister exercises discretion to apply relevant treaties – Whether failure to properly apply treaties constitutes jurisdictional error – No jurisdictional error made out ADMINISTRATIVE LAW – Procedural Fairness – Where the Department conducts an assessment of Australia's treaty obligations in the context of the applicant's case – Where the Department conducts a further reassessment – Where reassessment document not provided to applicant – Whether failure to provide applicant with a copy of the reassessment amounts to practical injustice – Whether applicant can rely on a legitimate expectation that the relevant tests for the application of the treaties provided for in the original assessment would be mirrored in the reassessment – Where applicant advised to make full submissions on the treaty obligations Australia may owe to him – No failure to observe procedural fairness requirements

Migration Act 1958 (Cth) ss 351, 476A, 499, 500, 501 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 cited Kindler v Canada (Communication Number 470/1991) referred to Le v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 875 considered M238 of 2002 v Ruddock [2003] FCAFC 260 referred to Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 230 ALR 370 referred to Minister for Immigration and Multicultural Affairs; ex parte Lam (2003) 214 CLR 1 considered Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189 cited Nikac v Minister for Immigration, Local Government and Ethnic Affairs (1988) 20 FCR 65 referred to Rocca v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 87 ALD 529 referred to SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 592 referred to AB v MINISTER FOR IMMIGRATION AND CITIZENSHIP 1247 OF 2006