Ahmadi v Minister for Immigration

[2015] FCCA 1344

FEDERAL CIRCUIT COURT OF AUSTRALIA

AHMADI v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 1344

Catchwords:
MIGRATION – Migration Review Tribunal – Child (Subclass 101) visa – no jurisdictional error.

Legislation:  

Migration Act 1958 s.476

Applicant: SHFQAT ALI AHMADI

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: ADG 323 of 2014

Judgment of: Judge Street

Hearing date: 18 May 2015

Date of Last Submission: 18 May 2015

Delivered at: Adelaide

Delivered on: 18 May 2015

REPRESENTATION

Counsel for the Applicant: Mr S. Ower

Solicitors for the Applicant: Mcdonald Steed Mcgrath

Counsel for the Respondent: Mr K. Tredrea

Solicitors for the Respondent: Sparke Helmore

ORDERS

1. The application is dismissed.

2. The applicant pay the first respondent’s costs fixed in the sum of $5000.00.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT ADELAIDE

ADG 323 of 2014

SHFQAT ALI AHMADI

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for a Constitutional writ within the Court’s jurisdiction under s.476 of the Migration Act 1958, in respect of a decision of the Tribunal made on 31 July 2014.  That decision is one in which the Tribunal concluded it did not have jurisdiction.  In light of the outcome of other proceedings seeking unsuccessfully to challenge a decision of the Tribunal on 29 July 2014, affirming a decision of the delegate to cancel the applicant’s Child (Subclass 101) visa, the applicant’s counsel has conceded that the application cannot succeed and that the application discloses no jurisdictional error.  It is in those circumstances that the application be dismissed. 

I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of Judge Street

Associate: 

Date:  21 May 2015