Untan v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1448

Untan v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1448

The decision to cancel the applicant's visa was made in contravention of a statutory obligation to afford procedural fairness to the applicant's wife. However, as the privative clause in s 474 of the Migration Act 1958 (Cth) applies, the decision is nonetheless immune from judicial review.

Source-derived case information.

Parties
Applicant: Ion Untan; Respondent: Minister for Immigration & Multicultural & Indigenous Affairs
Jurisdiction
Australia
Judgment Date
26 November 2002
Procedural Posture
Judicial Review of Administrative Decision / First Instance Judgment
Outcome
Application dismissed
Legal Topics
Visa Cancellation, Procedural Fairness, Privative Clause, Natural Justice, Family Impacts of Visa Cancellation
Migration Law Administrative Law Visa Cancellation Procedural Fairness Privative Clause Natural Justice Family Impacts of Visa Cancellation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ion Untan

Applicant

Minister for Immigration & Multicultural & Indigenous Affairs

Respondent

Procedural Posture

Judicial Review of Administrative Decision / First Instance Judgment

Legal Issues

  1. 1 Whether the applicant's wife and children were denied procedural fairness before the cancellation of the applicant's visa under Migration Act 1958 (Cth) s 501(2)
  2. 2 Whether the privative clause in s 474 protects the decision from judicial review despite any denial of procedural fairness

Ratio Decidendi

The decision to cancel the applicant's visa was made in contravention of a statutory obligation to afford procedural fairness to the applicant's wife. However, as the privative clause in s 474 of the Migration Act 1958 (Cth) applies, the decision is nonetheless immune from judicial review.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.