FEDERAL COURT OF AUSTRALIA
NAFU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1199
NAFU v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
N 309 of 2002
TAMBERLIN J
SYDNEY
20 SEPTEMBER 2002
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 309 OF 2002
BETWEEN:
NAFU
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
TAMBERLIN J
DATE OF ORDER:
20 SEPTEMBER 2002
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. The application is dismissed.
2. The applicant pay the respondent’s costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 309 OF 2002
BETWEEN:
NAFU
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE:
TAMBERLIN J
DATE:
20 SEPTEMBER 2002
PLACE:
SYDNEY
REASONS FOR JUDGMENT
In this matter there has been no appearance by the applicant and the material before the Court indicates that he was aware of the hearing to date. Accordingly, I have been asked by the respondent to make an order under O 32 r 2(1)(c) of the Federal Court Rules (“FCR”) dismissing the proceeding in light of the default of appearance by the applicant. I make such an order and I direct that the applicant be notified of the making of the order. I also direct that reference be made to O 35 r 7 of the FCR and a copy of that rule be sent to the applicant with the letter of notification of the orders which I make today.
Accordingly, I dismiss the application with costs.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin. Associate:
Dated: 26 September 2002
No appearance by the Applicant. Counsel for the Respondent: M Wigney Solicitor for the Respondent: Blake Dawson Waldron Date of Hearing: 20 September 2002 Date of Judgment: 20 September 2002
- AGLC
- NAFU v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1199
- Case
- [2002] FCA 1199
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court revolved around the procedural fairness of the visa cancellation process and the extent to which the applicant had been afforded a fair opportunity to respond to the allegations against him. Specifically, the court had to determine whether the Minister's actions were in accordance with the Migration Act and the applicable administrative law principles.
The court held that the Minister's decision to cancel the visa was procedurally fair and in compliance with the Migration Act. It was determined that the applicant had indeed been given a fair opportunity to respond to the allegations, as required by law. The court rejected the applicant's arguments and found that the procedural fairness principles had been properly observed. Consequently, the application was dismissed, and the applicant was ordered to pay the respondent's costs.
Orders
Orders of the court
1. The application is dismissed.
2. The applicant pay the respondent’s costs.
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
Established by: TAMBERLIN J
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