Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Weti v Minister for Immigration & Citizenship [2007] FCA 1531
ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal affirming cancellation of visa under s 501(2) of Migration Act 1958 (Cth) – whether failure to grant other than a one day adjournment was a denial of natural justice or a breach of s 39 of the Administrative Appeals Tribunal Act 1975 (Cth) as a failure to realistically provide the applicant with an opportunity to obtain legal representation at the hearing – whether failure to consider relevant considerations: (1) denial of procedural fairness in responding to original notice of intent to cancel, and (2) disruptive effects on family and other ties to Australian community MIGRATION LAW – cancellation of visa on character grounds – previous warning on same ground – notice of intention to cancel
Administrative Appeals Tribunal Act 1975 (Cth) ss 39, 40(1) Migration Act 1958 (Cth) ss 499, 501(2), (6), (7) House v The King (1936) 55 CLR 499 referred to Kuswardana v Minister for Immigration & Ethnic Affairs (1981) 35 ALR 186referred to Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24referred to Sales v Minister for Immigration & Multicultural Affairs [2006] FCA 1807considered Sullivan v Department of Transport (1978) 20 ALR 323 considered ANYA FRANCISCA WETI v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL
NSD 13 of 2007
EDMONDS J
5 OCTOBER 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 13 of 2007
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY THE HON R N J PURVIS AM QC, DEPUTY PRESIDENT
BETWEEN: ANYA FRANCISCA WETI
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
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