Shi v Minister for Immigration and Citizenship [2011] FCA 935

FEDERAL COURT OF AUSTRALIA

Shi v Minister for Immigration and Citizenship [2011] FCA 935 Citation: Shi v Minister for Immigration and Citizenship [2011] FCA 935

Parties: ZI PEI SHI v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 271 of 2011

Judge: PERRAM J

Date of judgment: 18 August 2011

Catchwords: IMMIGRATION – Visas – cancellation – failure to pass character test – judicial review of Administrative Appeals Tribunal decision – whether Tribunal took into account an irrelevant consideration – Tribunal considered ethnicity of applicant's associates – direction to consider ties and linkages to Australian community

Legislation: Migration Act 1958 (Cth) ss 496, 499, 501 Judiciary Act 1903 (Cth) s 39B Racial Discrimination Act 1975 (Cth) s 10 Constitution s 75(v)

Cases cited: Bhullar v Minister for Immigration and Citizenship [2010] FCA 1337 cited De L v Director-General, NSW Department of Community Services (No 2) (1997) 190 CLR 207 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Re McBain; Ex parte Australian Catholic Bishops Conference (2002) 209 CLR 372 cited Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 cited Rosson v Minister for Immigration and Citizenship (2011) 191 FCR 390 cited Shi v Minister for Immigration and Citizenship [2011] AATA 83 cited SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 cited Webb v The Queen (1994) 181 CLR 41 cited Pearce and Argument, Delegated Legislation in Australia (3rd ed, 2005)