Miller v Minister for Immigration and Citizenship [2013] FCA 590

FEDERAL COURT OF AUSTRALIA

Miller v Minister for Immigration and Citizenship [2013] FCA 590 Citation: Miller v Minister for Immigration and Citizenship [2013] FCA 590

Parties: MARK GARRY MILLER v MINISTER FOR IMMIGRATION AND CITIZENSHIP

File number: QUD 128 of 2013

Judge: LOGAN J

Date of judgment: 7 June 2013

Catchwords: JUDICIAL REVIEW – migration – application for judicial review of decision of Minister to set aside decision of the Administrative Appeals Tribunal and cancel visa of non-citizen pursuant to s 501A of the Migration Act 1958 (Cth) – whether applicant denied procedural fairness – consideration of particulars provided to the applicant by the Minister in its Notice of Intention to Consider cancellation of the applicant's visa – whether Notice afforded applicant procedural fairness in respect of the matters critical to the decision the Minister proposed to make – whether Minister failed to highlight sufficient particulars of factors relevant to what was in 'the national interest', in circumstances where the applicant's criminal record was highlighted in the Notice Held: no procedural unfairness – application dismissed

Legislation: Migration Act 1958 (Cth) s 501A

Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 cited Buck v Bavone (1976) 135 CLR 110 cited Gbojueh v Minister for Immigration and Citizenship (2012) 202 FCR 417 considered Kioa v West (1985) 159 CLR 550 followed Marbury v Madison (1803) 5 US 137 cited Maurangi v Bowen (2012) 200 FCR 191 considered Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 considered Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100 considered