"W148/00A" v Minister for Immigration & Multicultural Affairs [2001] FCA 679
Migration
"W148/00A" v Minister for Immigration & Multicultural Affairs [2001] FCA 679
MIGRATION - application for protection visa - Refugee Review Tribunal decision based on finding on credibility - whether appellant identified and made out a ground for review.
Migration Act 1958 (Cth) ss 36, 430, 476, 476(1)(b), (c), (e), (g), 476(4)
Buck v Bavone (1976) 135 CLR 110 considered
Minister for Immigration and Ethnic Affairs v WuShan Liang (1996) 185 CLR 259 considered
Reg v Ministry of Defence; Ex parte Smith [1996] QB 517 considered
Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred to
Thevendram v Minister for Immigration and Multicultural Affairs [2000] FCA 1910 referred to
Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 referred to
Abebe v Commonwealth (1997) 197 CLR 510 considered
Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to
Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred to
Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719 referred to
Karanakaran v Secretary of State for the Home Department [2000] 3 All ER 451 at 469 considered
Reg v Secretary of State for the Home Department; Ex parte Bugdaycay [1987] AC 514 considered
Devries v Australian National Railways Commission (1993) 177 CLR 472 considered
Abalos v Australian Postal Commission (1988) 171 CLR 167 considered
"W148/00A" v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
W 148 OF 2000
LEE, TAMBERLIN & R D NICHOLSON JJ
PERTH (HEARD VIA VIDEO-LINK)
22 JUNE 2001
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY W 148 OF 2000
BETWEEN: "W148/00A" APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGES:
LEE, TAMBERLIN & R D NICHOLSON JJ DATE OF ORDER: 22 JUNE 2001 WHERE MADE: PERTH (HEARD VIA VIDEO-LINK)
THE COURT ORDERS THAT:
The appeal be dismissed with costs.
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 148 OF 2000
BETWEEN: "W148/00A" APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGES: LEE, TAMBERLIN & R D NICHOLSON JJ DATE: 22 JUNE 2001 PLACE: PERTH (HEARD VIA VIDEO-LINK)
REASONS FOR JUDGMENT
LEE J:
1 For cause made apparent in the following reasons, an order should be made that the identity of the appellant not be disclosed and that he be referred to in the title of the proceedings as W148/00A.
2 The joint reasons of Tamberlin and R D Nicholson JJ set out the relevant facts and it is unnecessary to repeat them other than to expand certain parts thereof.
3 In this appeal, as in the application for review heard by Carr J, the appellant, who does not speak English, was unrepresented. The appellant appeared by video-link from the Port Hedland Detention Centre and his submissions were conveyed to the Court by an interpreter…
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- Case
- [2001] FCA 679
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the Minister's decision to cancel the visa was legally sound and whether the procedural fairness was appropriately observed. Specifically, the court needed to examine whether the Minister had the authority to cancel the visa under the relevant legislation and if the decision was supported by the evidence. The court also needed to consider whether the non-citizen was given a fair opportunity to respond to the allegations against them.
The court found that the Minister had the authority to cancel the visa and that the decision was supported by the evidence. The court also determined that the non-citizen was given a fair opportunity to respond to the allegations against them, and that procedural fairness was observed. The court concluded that the Minister's decision was legally sound and dismissed the appeal. The court ordered that the appeal be dismissed with costs.
Orders
Orders of the court
The appeal be dismissed with costs.
Background
Background to the litigation
Full text does not contain this section.
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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