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

• Justice Davies: Minutes of Order and Reasons for Judgment
• Justice Lee: Reasons for Judgment (1 of 2)
• Justice Lee: Reasons for Judgment (2 of 2)
• Justice Nicholson: Reasons for Judgment

Catchwords

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
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)

David John Cawdell Irving v Minister of State for Immigration, Local Government & Ethnic Affairs
No. WAG 107 of 1995

Davies, Lee & R.D. Nicholson JJ
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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