Anusornchonseree v Minister for Immigration and Citizenship [2007] FCA 1142

FEDERAL COURT OF AUSTRALIA

Anusornchonseree v Minister for Immigration and Citizenship [2007] FCA 1142

MIGRATION – visa – cancellation – character test – substantial criminal record – discretion not to cancel visa – procedural fairness – Minister's advocate tendered letter from Victoria Police alleging further criminal conduct by applicant – applicant's counsel not aware of letter until tendered – no opportunity to cross-examine author of letter – tribunal admitted document in evidence – whether denial of procedural fairness – psychologist gave evidence for applicant of prospects for reform – tribunal did not accept opinion of psychologist on basis that psychologist lacked information about applicant's recent criminal conduct and past drug rehabilitation treatment – whether tribunal obliged to notify applicant that it intended to reject psychologist's opinion on this basis Administrative Appeals Tribunal Act 1975 (Cth) ss 33(1)(c), 44(1) Migration Act 1958 (Cth) ss 474, 474(2), 483, 499(1), 500(1)(b), 501, 501(2), 501(6) Direction - Visa Refusal and Cancellation under section 501 - No 21 paras 2.2, 2.3(a), 2.5(b), 2.10

Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143 (2003) 131 FCR 28 cited Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 cited Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 (2003) 211 CLR 476 followed SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63 (2006) 81 ALJR 515 applied WERA ANUSORNCHONSEREE v MINISTER FOR IMMIGRATION AND CITIZENSHIP VID 1470 OF 2004

GRAY J

3 August 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1470 OF 2004

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY DEPUTY PRESIDENT R J GROOM BETWEEN: WERA ANUSORNCHONSEREE