Rountree v Minister for Immigration and Citizenship [2008] FCA 251

FEDERAL COURT OF AUSTRALIA

Rountree v Minister for Immigration and Citizenship [2008] FCA 251

ADMINISTRATIVE LAW – application for an extension of time to appeal from a decision of the Administrative Appeals Tribunal affirming Minister's decision to cancel visa – privative clause decision – no appeal from Tribunal decision – limited to judicial review MIGRATION – cancellation of visa by Minister on character grounds – whether failure to give adequate weight to relevant considerations – whether denial of procedural fairness – new evidence Held: The application be dismissed with costs. Appeal from Tribunal decision under s 44(1) Administrative Appeals Tribunal Act 1975 (Cth) not competent. Grounds of appeal treated as grounds of review of privative clause decision. Inability of applicant to access information prior to Tribunal hearing did not affect Tribunal decision. No jurisdictional error in decision of Tribunal.

Administrative Appeals Tribunal Act 1975 (Cth) s 33(1)(c), s 40(1A), s 44 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 34(2), s 474(3)(b), s 483, s 499(1), s 500, s 501 Migration Regulations reg 5.15A

Boyes v Minister for Immigration and Citizenship [2007] FCA 505 cited Craig v South Australia (1995) 184 CLR 163 applied EG & H Nominees Pty Ltd v General Mutual Insurance Co Ltd (in liq) (1976) 50 ALJR 460 cited Epenisa v Minister for Immigration and Multicultural Affairs [2007] FCA 80 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 applied Minister for Immigration and Ethnic Affairs v Guo (1997) 151 CLR 559 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Minister for Immigration and Multicultural and Indigenous Affairs v Yusuf (2001) 206 CLR 323 applied Pham v Secretary Department of Employment and Workplace Relations [2007] FCA 2049 cited Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476 cited Rountree and Minister for Immigration and Citizenship [2007] AATA 1615 related Vaitaiki v Minister for Immigration and Ethnic Affairs (1998) 150 ALR 608 cited Wan v Minister for Immigration and Multicultural Affairs (2001) 107 FCR 133 cited Williams v Minister for Justice and Customs (2007) 239 ALR 689 cited JONATHAN ROUNTREE v MINISTER FOR IMMIGRATION AND CITIZENSHIP NSD 2080 OF 2007