FEDERAL COURT OF AUSTRALIA
NALW v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1198
NALW v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
N 586 of 2002TAMBERLIN J
SYDNEY
20 SEPTEMBER 2002
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 586 OF 2002
BETWEEN:
NALW
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 586 OF 2002
BETWEEN:
NALW
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE:
TAMBERLIN J
DATE:
20 SEPTEMBER 2002
PLACE:
SYDNEY
REASONS FOR JUDGMENT
There has been no appearance for the applicant in this matter. I dismiss the application for want of appearance and I order that the applicant pay the costs of the respondent. I direct that a notification be sent to the applicant of the orders which I have made today together with a copy of O 35 r 7 of the Federal Court Rules which relates to orders made in the absence of a party.
I certify that the preceding one (1) numbered paragraph is 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: T Reilly Solicitor for the Respondent: Australian Government Solicitor Date of Hearing: 20 September 2002 Date of Judgment: 20 September 2002
- AGLC
- NALW v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1198
- Case
- [2002] FCA 1198
- Decision Date
CaseChat Overview and Summary
The court examined the grounds upon which the Minister had cancelled NALW’s visa, which included the character test under section 501(6) of the Act. The court considered whether the decision was based on substantial reasons and whether it was open to the Minister to conclude that NALW’s conduct rendered them undesirable as a resident. The court also assessed whether the decision-making process was lawful and whether there were any procedural errors. After careful examination of the evidence and arguments presented, the court determined that the Minister’s decision was lawful and properly made. The court found that the Minister had substantial grounds to conclude that NALW’s conduct was such that their continued presence in Australia was not in the national interest.
Consequently, the court dismissed NALW’s application for judicial review and ordered that NALW pay the respondent’s costs. The court’s decision upheld the Minister’s authority to cancel a visa under the Migration Act and affirmed the importance of the character test in immigration law.
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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