NBMT v Minister for Immigration and Citizenship[2012] FCA 508

FEDERAL COURT OF AUSTRALIA

NBMT v Minister for Immigration and Citizenship [2012] FCA 508 Citation: NBMT v Minister for Immigration and Citizenship [2012] FCA 508

Parties: NBMT v MINISTER FOR IMMIGRATION AND CITIZENSHIP

File number: NSD 2177 of 2011

Judge: BENNETT J

Date of judgment: 18 May 2012

Catchwords: MIGRATION – review of decision of Minister for Immigration and Citizenship to cancel visa – whether the Minister had received and read the attachments to the Submission – whether the Submission had failed to deal with a humanitarian assessment and had misrepresented the applicant's response – where the applicant had not been given an opportunity to respond to his traffic record which was an attachment to, and was referred to, in the Submission - whether the applicant had been denied procedural fairness

Legislation: Migration Act 1958 (Cth) ss 476A(1)(c), 500, 501 and 503A

Cases cited: Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576, cited Dagli v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 541, cited Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 398, cited Le v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 521, cited NAIS v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 460, cited Navarette v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1723, cited VEAL v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88, cited