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Federal Court of Australia MIGRATION - application for Business Visitor (Short
Stay) visa under Migration Act 1958 (Cth) - Migration
Regulations - whether applicant of "good character"
- Ministerial discretion to waive requirement - whether shown
by subsequent conduct that applicant had "reformed"
- English historian convicted of "defaming the memory of
the dead" in Germany - expulsion order - deported from
another foreign jurisdiction for breach of migration
regulations - contempt of court in England - freedom of speech
in Australia.
JUDICIAL REVIEW - Administrative Decisions
(Judicial Review) Act 1977 (Cth) - function of the Court
in reviewing administrative descisions - whether error of law.
WORDS & PHRASES - meaning of "good
character" - primarily an issue of fact - term not
precise in denotation - whether refers to mental and moral
qualities of an individual - whether means "reputation or
repute" - interests of public - meaning of "national
security" - whether includes internal security and
matters affecting the country in general.
Migration Act 1958 (Cth)
Australian Capital Territory Television Pty Ltd v
The Commonwealth (1992) 177 CLR 106
David John Cawdell Irving v Minister of State for
Immigration, Local Government & Ethnic Affairs
Davies, Lee & R.D. Nicholson JJ
[ Index ]
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Thank you.
Rules in Irving Appeal
IN THE FEDERAL COURT OF AUSTRALIA )
)
WESTERN AUSTRALIA DISTRICT REGISTRY ) No WAG 107 of 1995
}
GENERAL DIVISION )
On appeal from a single judge of the Federal Court of Australia
BETWEEN: DAVID JOHN CAWDELL IRVING
Appellant
AND: MINISTER OF STATE FOR
IMMIGRATION, LOCAL
GOVERNMENT AND ETHNIC
AFFAIRS
Respondent
Coram: Davies, Lee & R.D. Nicholson JJ
Date: 30 July 1996
Place: Perth
The Judgments
Catchwords
Clearihan v Registrar of Motor Vehicle Dealers
in the Australian Capital Territory (1994) 117 FLR 455
In Re Davis (1947) 75 CLR 409
Plato Films Ltd v Speidel (1961) AC 1090
R v Secretary of State for the Home Department
ex parte Moon (1 November 1995, QB Div, Sedley J; J Civ
Lib, Vol 1 (1996), 96-97)
Secretary, Department of Social Security v
Leahy (1989) 93 ALR 373
Singh v Minister for Immigration and Ethnic
Affairs (unreported, Branson J, 29 April 1996)
No. WAG 107 of 1995
30 July 1996
Perth
Appearances
Counsel for the Appellant: Mr. P.S. Bates
Solicitors for the Appellant: Messrs E.J. Wall & Associates
Counsel for the Respondent: Mr. S. Owen-Conway and Mr. P. Macliver
Solicitors for the Respondent: Australian Government Solicitor
Date of Hearing: 21 March 1996
Date of Judgment: 30 July 1996
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