Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Heyward v Minister for Immigration and Citizenship [2009] FCA 1313 MIGRATION – cancellation of visa under s 501 Migration Act 1958 (Cth) – appellant declined to cross-examine deponents of affidavits before the Administrative Appeals Tribunal – whether appellant was denied procedural fairness – whether appellant was given reasonable opportunity to present his case
Administrative Appeals Tribunal Act 1975 (Cth) ss 33(1), 39(1) Migration Act 1958 (Cth) ss 499(1), s 499(2A), 501(2), 501(6), 501(7)
Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 225 CLR 88 Re Pochi v Minister for Immigration & Ethnic Affairs (1979) 26 ALR 247 at 257 R v War Pensions Entitlement Appeal Tribunal (1933) 50 CLR 228 at 256
JULIAN HEYWARD vMINISTER FOR IMMIGRATION & CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL
NSD 895 of 2009
EMMETT J
28 OCTOBER 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 895 of 2009
GENERAL DIVISION
BETWEEN: JULIAN HEYWARD
Applicant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
JUDGE: EMMETT J
DATE OF ORDER: 28 OCTOBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the costs of the first respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 895 of 2009
GENERAL DIVISION
BETWEEN: JULIAN HEYWARD
Applicant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
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