Aye v Minister for Immigration and Citizenship [2009] FCA 978

FEDERAL COURT OF AUSTRALIA

Aye v Minister for Immigration and Citizenship [2009] FCA 978 MIGRATION – visa cancelled by Immigration Minister following determination by Foreign Minister that applicant's presence in Australia is, or would be, contrary to Australia's foreign policy interests – whether determination by foreign minister is a justiciable issue – whether foreign minister denied the applicant procedural fairness – whether foreign minister took account of irrelevant considerations or failed to take account of relevant considerations

Constitution ss 61, 75, 76, 77(i) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 3, sch 1 Judiciary Act 1903 (Cth) s 78B Migration Act 1958 (Cth) ss 5(1), 5E(1), 29, 116(1), 116(3), 474(2), 476(1), 476A(1), 477(1), 477(2), 477(3), 477A Migration Regulations 1994 (Cth) rr 2.43(1), 2.43(2) Attorney-General v Oates (1999) 198 CLR 172 Re Ditfort; Ex parte Deputy Commissioner of Taxation (1988) 19 FCR 347 Habib v The Commonwealth (No. 2) (2009) 175 FCR 350 Minister for Arts v Peko-Wallsend Limited (1987) 15 FCR 274 ZIN MON AYE v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ORS

NSD 465 of 2009

EMMETT J

28 AUGUST 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 465 of 2009

GENERAL DIVISION

BETWEEN: ZIN MON AYE

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

MINISTER FOR FOREIGN AFFAIRS

Third Respondent

JUDGE: EMMETT J

DATE OF ORDER: 28 AUGUST 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The proceeding be dismissed. 2. The Applicant pay the First and Third Respondents' costs of the proceeding.

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