Ngaronoa v Minister for Immigration & Citizenship [2007] FCA 1565

FEDERAL COURT OF AUSTRALIA

Ngaronoa v Minister for Immigration & Citizenship [2007] FCA 1565 ADMINISTRATIVE LAW – irrelevant considerations – administrative discretion limited by object, scope, purpose and express terms of statute – jurisdictional error – no onus of proof in administrative decisions – probative evidence or logical grounds for finding – procedural fairness MIGRATION – character test – discretion to cancel visa – consideration of criminal charges which were dismissed not a consideration irrelevant to Minister's discretion – summary of protected information provided – duty to accord procedural fairness may apply where protected information is disclosed – adequate opportunity to respond CONSTITUTIONAL LAW – whether Minister's consideration of criminal charges which were dismissed contravened the Constitution – question "manifestly unsound" Constitution s 80 Migration Act 1958 (Cth) ss 499, 501, s 503A Judiciary Act 1903 (Cth) s 78B Abebe v Commonwealth (1999) 197 CLR 510 referred to Applicant S453 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1106 followed Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to Black v Minister for Immigration and Citizenship [2007] FCA 1249 discussed Briginshaw v Briginshaw (1938) 60 CLR 336 discussed Cheatle v The Queen (1993) 177 CLR 541 referred to Commissioner for Australian Capital Territory Revenue v Alphaone Pty Limited (1994) 49 FCR 576applied Haneef v Minister for Immigration and Citizenship [2007] FCA 1273 distinguished Hill v Green (1999) 48 NSWLR 161 followed Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Howells v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 580referred to Jahnke v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 268 referred to Kingswell v The Queen (1985) 159 CLR 264 referred to Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 referred to Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred to Minister for Immigration and Multicultural and Indigenous Affairs v Ball (2004) 138 FCR 450 distinguished Minister for Immigration and Multicultural and Indigenous Affairs v Griffiths [2004] FCAFC 22 referred to Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505applied Minister for Immigration and Multicultural and Indigenous Affairs v QAAH (2007) 231 ALR 340 followed Minister for Immigration, Local Government and Ethnic Affairs v Baker (1997) 73 FCR 187 referred to Navarrete v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1723 distinguished Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 referred to QAAH v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 145 FCR 363referred to Sales v Minister for Immigration and Multicultural Affairs [2006] FCA 1807 distinguished SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2007) 231 ALR 592referred to BRUCE LEE NGARONOA v MINISTER FOR IMMIGRATION & CITIZENSHIP NSD 1498 OF 2007