Ngaronoa v Minister for Immigration and Citizenship

(2007) 244 ALR 119; [2007] FCAFC 196

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Interrogate

Catchwords

1. Migration
2. › Cancellation of visa on character grounds
3. › Substantial criminal record
4. › Exercise of ministerial discretion under s 501
5. › Whether Minister obliged to disregard allegations underlying charges of which visa holder acquitted
6. › Standard of proof in administrative decision-making
7. › Migration Act 1958 (Cth), ss 501, 503A
1. Migration
2. › Cancellation of visa on character grounds
3. › Procedural fairness
4. › Protected information under s 503A
5. › Whether adequate notice given of adverse material
6. › Whether acquittal required specific notice of how underlying facts might be used
7. › Whether SZBEL principles applicable to ministerial decision
1. Appeal
2. › Leave to raise new grounds on appeal
3. › Appellant represented by counsel below
4. › Change of counsel on appeal
5. › Whether new grounds of doubtful merit should be permitted
6. › Purpose of appeal to correct error not bring fresh application

Quick Take

A Minister exercising the discretion to cancel a visa under s 501 of the Migration Act 1958 (Cth) is not obliged to disregard factual allegations underlying criminal charges of which the visa holder was acquitted; the civil standard of proof applies and the Minister may have regard to the underlying conduct. The SZBEL principle (that an applicant before the RRT is entitled to assume the issues are those identified by the delegate) does not apply to the Minister's personal exercise of discretion under s 501.