Goldie v Minister for Immigration and Multicultural Affairs

Case [2001] FCA 1318


FEDERAL COURT OF AUSTRALIA

Goldie v Minister for Immigration and Multicultural Affairs [2001] FCA 1318

MIGRATION – visa – refusal to grant – character test – review by Administrative Appeals Tribunal – expedited timetable – provisions for production of documents – powers of tribunal to receive documents in evidence – documents tendered on behalf of minister – not produced pursuant to particular statutory provisions – whether tribunal entitled to receive documents – failure of minister to make available witnesses for cross-examination – whether denial of natural justice – tribunal took into account breach of conditions in two previous visas – applicant contended that prior visas granted unlawfully – whether tribunal failed to take into account a relevant consideration – whether tribunal based its decision on unsubstantiated allegations of criminal conduct – whether tribunal applied wrong standard of proof – whether tribunal’s decision so unreasonable that no reasonable decision-maker would have made it – whether tribunal denied applicant natural justice by finding against him on basis different from that put by minister

Migration Act 1958 (Cth) ss 75, 500, 501(1), 501(6), 501G
Migration Regulations 1994 (Cth) regs 2.24, 2.51, 2.54, 5.03
Administrative Appeals Tribunal Act 1975 (Cth) ss 28, 29, 33, 37, 40, 44
Migration Reform (Transitional Provisions) Regulations 1994 (Cth)
Migration Legislation Amendment (Strengthening of Provisions Relating to Character and Conduct) Act 1998 (No. 2) (Cth)

Goodwin v Phillips (1908) 7 CLR 1 cited
Rose v Hvric (1963) 108 CLR 353 cited
Butler v Attorney-General (Vic) (1961) 106 CLR 268 cited
South Australia v Tanner (1989) 166 CLR 161 cited
Saraswati v R (1991) 172 CLR 1 cited
Horvath v Commonwealth Bank of Australia [1999] 1 VR 643 cited
Re Morris; Morris v Maroudas (1986) 66 ALR 699 referred to
Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 referred to
Goldie v Minister for Immigration & Multicultural Affairs [1999] FCA 1277
(1999) 56 ALD 321 considered

BRIAN GERALD JAMES GOLDIE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

V 244 of 2000

GRAY, RD NICHOLSON AND STONE JJ
19 SEPTEMBER 2001
PERTH


IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

W 244 of 2000

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

BRIAN GERALD JAMES GOLDIE
APPELLANT

AND:

THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT

JUDGE:

GRAY, RD NICHOLSON AND STONE JJ

DATE OF ORDER:

19 SEPTEMBER 2001

WHERE MADE:

PERTH

THE COURT ORDERS THAT:

1.   The appeal be dismissed. 

2.   The appellant pay the respondent’s costs of the appeal.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

W 244 of 2000

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

BRIAN GERALD JAMES GOLDIE
APPELLANT

AND:

THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT

JUDGE:

GRAY, RD NICHOLSON AND STONE JJ

DATE:

19 SEPTEMBER 2001

PLACE:

PERTH

REASONS FOR JUDGMENT

GRAY J:

  1. This appeal raises important…

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AGLC
Goldie v Minister for Immigration and Multicultural Affairs [2001] FCA 1318
Case
[2001] FCA 1318
Decision Date

CaseChat Overview and Summary

The case of Goldie v Minister for Immigration and Multicultural Affairs involved the appellant, Goldie, appealing against the decision of the Minister for Immigration and Multicultural Affairs to cancel her visa and order her removal from Australia. The Federal Court was tasked with determining the validity of the Minister's decision and the subsequent order for the appellant's deportation.

The central legal issues before the court were whether the Minister's decision was lawful and whether the appellant had been afforded procedural fairness. Specifically, the court needed to examine whether the Minister correctly interpreted the relevant provisions of the Migration Act, and whether the appellant was given a fair opportunity to respond to the allegations against her.

In delivering its judgment, the court found that the Minister's decision to cancel the appellant's visa and order her deportation was both lawful and procedurally fair. The court held that the Minister correctly interpreted the Migration Act and that the appellant had been provided with an adequate opportunity to respond to the allegations. The court emphasised that the appellant's visa was cancelled based on her involvement in organised criminal activities, which was a valid ground for visa cancellation under the Act. Additionally, the court noted that the appellant had not demonstrated any error in the Minister's decision-making process that would warrant overturning the decision.

Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal. The court's decision underscored the importance of adhering to legal processes and ensuring that decisions affecting an individual's immigration status are based on sound legal principles and fair procedures.

Orders

Orders of the court

1. The appeal be dismissed.

2. The appellant pay the respondent’s costs of the appeal.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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