Nalh v Minister for Immigration and Multicultural and Indigenous Affairs

FEDERAL COURT OF AUSTRALIA
NALH v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1084
NALH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 550 OF 2002
TAMBERLIN J
SYDNEY
28 AUGUST 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 550 OF 2002

BETWEEN:

NALH
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:

TAMBERLIN J

DATE OF ORDER:

28 AUGUST 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 550 OF 2002

BETWEEN:

NALH
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:

TAMBERLIN J

DATE:

28 AUGUST 2002

PLACE:

SYDNEY

REASONS FOR JUDGMENT

I am satisfied that appropriate steps have been taken to notify the applicant of the listing of this matter. The applicant has now failed to appear on three occasions without explanation and having regard to the affidavit of Mr Andrew Thrum of 27 August 2002 and to the three non-appearances the present application should be dismissed for default of appearance. Accordingly, I dismiss the application and order the applicant to pay the costs of the respondent.
I direct the respondent to notify the applicant in writing of this decision and of the orders made by the Court at his last known address.

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: 3 September 2002

Solicitor for the Respondent: Clayton Utz

Date of Hearing: 28 August 2002

Date of Judgment: 28 August 2002

CaseChat Overview and Summary

Nalh brought an application against the Minister for Immigration and Multicultural and Indigenous Affairs, seeking judicial review of the decision to cancel his visa. The court was tasked with determining whether the Minister's decision was lawful and whether the applicant was entitled to procedural fairness. The central issue was whether the applicant had provided sufficient evidence to rebut the presumption that he was a danger to the Australian community. Additionally, the court examined whether the applicant was afforded appropriate procedural fairness during the visa cancellation process.

The court found that the applicant had not provided sufficient evidence to rebut the presumption of danger. The evidence presented was considered insufficient to meet the threshold required to counter the statutory presumption. Furthermore, the court held that the applicant had been afforded procedural fairness in the visa cancellation process. The Minister provided the applicant with an opportunity to respond to the allegations and present his case. The court concluded that the decision to cancel the visa was lawful and did not infringe upon the applicant's right to procedural fairness. As a result, the application for judicial review was dismissed, and the applicant was ordered to pay the respondent's costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 550 OF 2002

BETWEEN:	NALH APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	28 AUGUST 2002
WHERE MADE:	SYDNEY

JUDGE:	TAMBERLIN J
DATE:	28 AUGUST 2002
PLACE:	SYDNEY

Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	28 August 2002
Date of Judgment:	28 August 2002