"W157/00A" v Minister for Immigration & Multicultural Affairs [2001] FCA 1536
Migration
"W157/00A" v Minister for Immigration & Multicultural Affairs [2001] FCA 1536
MIGRATION - review of decision by Minister to cancel visa-whether Minister provided reasons for decision-whether decision involved jurisdictional error.
Migration Legislation Amendment (Strengthening of Provisions relating to Character and Conduct) Bill 1998
Migration Act 1958, s 501(2)
Administrative Decisions Judicial Review Act 1977 (Cth), s501G(1)(e)
Acts Interpretation Act 1901 (Cth), 225D
Administrative Review Council Report to the Attorney-General (Report No 33)
De Smith, Woolf and Jowell, (5th ed), Judicial Review of Administrative Action
PP Craig "The Common Law, Reasons and Administrative Justice" (1994) CLJ 282
R. A. Macdonald and D. Lametti "Reasons for Decision in Administrative Law" 3 C.J. A.L.P. 123.
J M Evans, et al, Administrative Law - cases, text and materials (4th ed)
Re Patterson; Ex parte Taylor [2001] HCA 51 applied
Re Minister for Immigration and Multicultural Affairs; Ex parte Miah [2001] HCA 22 applied
Halmi v Minister for Immigration and Multicultural Affairs (1999) 95 FCR 1 at [42] referred to
Misiura v Minister for Immigration and Multicultural Affairs [2001] FCA 133 at [26]-[28] referred to
Minister for Immigration and Multicultural Affairsv Gunner (1998) 84 FCR 400 referred to
Minister for Immigration and Multicultural Affairs v Jia (2001) 178 ALR 421 applied
Haoucher v Minister of State for Immigration and Ethnic Affairs (1990) 169 CLR 648 applied
Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 [30]-[31] applied
Hall v Minister for Immigration and Multicultural Affairs (2000) 97 FCR 387 referred to
Truong; Ex parte Ruddock, HCA 22 March 2001 distinguished
Ruhl v Minister for Immigration and Multicultural Affairs [2001] FCA 648 referred to
Vitaiki vMinister for Immigration and Multicultural Affairs [1998] 150 ALR 608 referred to
Minister for Immigration and Multicultural Affairsv Teoh [1995] 183 CLR 273 applied
Wan v Minister for Immigration and Multicultural Affairs [2001] 107 FCR 133 (FC) referred to
Suleyman, Zakariya Harun (FarahO v Minister for Immigration and Multicultural Affairs [2000] FCA 610 referred to
"W157/00A"v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
W 157 OF 2000
LEE J
PERTH
31 OCTOBER 2001
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY W157 OF 2000
BETWEEN: "W157/00A" APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:
LEE J DATE OF ORDER: 31 OCTOBER 2001 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The application for review of the decision of the Respondent made on 3 July 2000 be granted.
2. The decision of the Respondent be set aside and the matter returned to the Respondent for determination according to law.
3. The Respondent pay the Applicant'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 WESTERN AUSTRALIA DISTRICT REGISTRY W157 OF 2000
BETWEEN: "W157/00A" APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE: LEE J DATE: 31 OCTOBER…
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- Case
- [2001] FCA 1536
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the Minister's decision was lawful and in accordance with the applicable statutory provisions. Specifically, the court had to consider whether the Minister had acted within their statutory powers and whether there was any procedural unfairness in the decision-making process. The applicant argued that the Minister had failed to consider relevant information and had acted in a manner that was arbitrary and capricious.
The court found that the Minister's decision was flawed as it did not adhere to the statutory requirements and procedural fairness. The Minister had not given appropriate consideration to certain information that was pertinent to the applicant's case. Additionally, the court noted that the decision appeared to be based on an incorrect understanding of the law. Consequently, the court granted the application for judicial review, set aside the Minister's decision, and ordered that the matter be returned to the Minister for reconsideration in accordance with the law. The court also directed that the Minister pay the applicant's costs.
Orders
Orders of the court
1. The application for review of the decision of the Respondent made on 3 July 2000 be granted.
2. The decision of the Respondent be set aside and the matter returned to the Respondent for determination according to law.
3. The Respondent pay the Applicant's costs.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.