Williams v Minister for Immigration and Border Protection [2014] FCA 674

FEDERAL COURT OF AUSTRALIA

Williams v Minister for Immigration and Border Protection [2014] FCA 674 Citation: Williams v Minister for Immigration and Border Protection [2014] FCA 674

Appeal from: Williams v Minister for Immigration and Border Protection [2013] AATA 923

Parties: MAROUNA WILLIAMS v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: VID 3 of 2014

Judge: MORTIMER J

Date of judgment: 4 July 2014

Catchwords: MIGRATION – Review of decision of Administrative Appeals Tribunal – visa cancellation pursuant to s 501(2) of the Migration Act 1958 (Cth) – whether directions made under s 499 bind the Administrative Appeals Tribunal – whether applicant denied procedural fairness because Tribunal failed to notify him of and give him an opportunity to respond to an adverse finding it made – whether Tribunal misinterpreted or misapplied Direction No 55 – no jurisdictional error on the part of the Tribunal – application dismissed with costs.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 25, 43 Legislative Instruments Act 2003 (Cth) ss 2, 5, 7, 15AE, 46 Migration Act 1958 (Cth) ss 476A, 499, 500, 501, 501A Federal Court Rules 2011 (Cth) r 4.12

Cases cited: Cockrell v Minister for Immigration and Citizenship (2008) 171 FCR 345; [2008] FCAFC 160 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Dagli v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 541; [2003] FCAFC 298 Demillo v Minister for Immigration and Border Protection [2013] FCAFC 134 Howells v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 580; [2004] FCAFC 327 Madafferi v Minister for Immigration and Multicultural Affairs (2002) 118 FCR 326; [2002] FCAFC 220 Milne v Minister for Immigration and Citizenship (2011) 120 ALD 405; [2011] FCAFC 41 Minister for Immigration and Citizenship v Obele (2010) 119 ALD 358; [2010] FCA 1445 Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189 NBNB v Minister for Immigration and Border Protection (2014) 138 ALD 455; [2014] FCAFC 39 Paerau v Minister for Immigration and Border Protection [2014] FCAFC 28 Powell v Administrative Appeals Tribunal (1998) 89 FCR 1 Queensland Medical Laboratory v Blewett (1988) 84 ALR 615 R v Morton [1986] VR 863 Re Becker and Minister for Immigration and Ethnic Affairs (1977) 1 ALD 158 Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Rokobatini v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 583; [1999] FCA 1238 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162; [2005] HCA 24 Shaw v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 142 FCR 502; [2005] FCAFC 106 Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100 Uelese v Minister for Immigration and Citizenship (2013) 60 AAR 534; [2013] FCAFC 86 Williams v Minister for Immigration and Citizenship (2013) 136 ALD 299; [2013] FCA 702 Wilson v Minister for Aboriginal and Torres Strait Islander Affairs (1996) 189 CLR 1