Anani v MIMAC

Case [2013] FCCA 1140


FEDERAL CIRCUIT COURT OF AUSTRALIA

ANANI v MINISTER FOR IMMIGRATION [2013] FCCA 1140
Catchwords:
MIGRATION – Application to review decision of delegate of the Minister not to waive condition 8503 imposed on the applicant’s visa – whether delegate erred in consideration or application of requirements of reg.2.05(4) of the Migration Regulations – no jurisdictional error.

Legislation:  

Migration Act1958 (Cth) s.41

Migration Regulations 1994 (Cth), reg.2.05

Babicci v Minister for Immigration and Multicultural and Indigenous Affairs and Another (2005) 141 FCR 285; [2005] FCAFC 77

Cheema v Minister for Immigration and Citizenship [2011] FCA 121
Kishore v Minister for Immigration and Multicultural Affairs (2002) 117 FCR 147; [2002] FCA 240
Minister for Immigration and Citizenship v Li (2013) 87 ALJR 618; [2013] HCA 18
Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123; [2009] HCA 39
Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611; [1999] HCA 21

Minister for Immigration and Citizenship v SZGUR and Another (2011) 241 CLR 594; [2011] HCA 1

Nguyen v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 169; [2001] FCA 360
Salazar v Minister for Immigration and Multicultural Affairs [2001] FCA 899
SZGBR v Minister for Immigration [2005] FMCA 824

Terera v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 135 FCR 335; [2003] FCA 1570

Thongpraphai v The Minister for Immigration & Multicultural Affairs [2000] FCA 1590

Applicant: YEHYA YEHYEL ANANI
Respondent: MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS & CITIZENSHIP
File Number: SYG 290 of 2013
Judgment of: Judge Barnes
Hearing dates: 18 & 26 July 2013
Delivered at: Sydney
Delivered on: 26 July 2013

REPRESENTATION

Applicant: In person
Solicitors for the Respondents: DLA Piper Australia

ORDERS

  1. The name of the respondent be amended to read Minister for Immigration, Multicultural Affairs and Citizenship.

  2. The application is dismissed. 

  3. The applicant pay the costs of the respondent fixed in the sum of $5,500.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 290 of 2013

YEHYA YEHYEL ANANI

Applicant

And

MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS & CITIZENSHIP

Respondent

REASONS FOR JUDGMENT

(Revised from Transcript)

  1. This is an application seeking judicial review in relation to a decision of a delegate of the Respondent refusing the Applicant’s request to waive condition 8503 which was imposed on a tourist visa granted to the applicant in July 2009. The Applicant arrived in Australia in September 2009. 

  2. Condition 8503 prevents an applicant from being granted a substantive visa other than a protection visa while in Australia.  It is sometimes referred to as a “no further stay” condition. However it is open to an Applicant to seek waiver of such a condition by a delegate of the Minister.

  3. Section 41 of the Migration Act1958 (Cth) (the Act) permits the imposition of conditions on visas under the Migration Regulations 1994 (Cth) (the Regulations). Section 41(2)(a) provides that the Regulations may provide that a visa is subject to a condition that the “holder of…

Continue reading Anani v MIMAC

Sign in free to access the full text

Details
AGLC
ANANI v MINISTER FOR IMMIGRATION [2013] FCCA 1140
Case
[2013] FCCA 1140
Decision Date

CaseChat Overview and Summary

In *Anani v MIMAC*, the applicant, Mr. Anani, sought judicial review of a decision made by the respondent, MIMAC, to refuse his application for a licence to carry on the business of a security firm. The matter came before Judge Barnes of the Supreme Court of New South Wales.

The central legal issue before the Court was whether MIMAC's decision to refuse the licence was affected by an error of law, specifically whether MIMAC had failed to afford Mr. Anani procedural fairness. This involved determining whether MIMAC had adequately considered all relevant information provided by Mr. Anani and whether it had given him a sufficient opportunity to respond to any adverse information that might have influenced its decision.

Judge Barnes found that MIMAC had failed to provide procedural fairness. The Court reasoned that MIMAC had relied on adverse information concerning Mr. Anani's character and suitability to hold a licence, which had not been disclosed to him prior to the decision being made. Consequently, Mr. Anani was denied the opportunity to address or explain this information, which was a crucial element in MIMAC's assessment. The Court applied the principles of procedural fairness, which require that a decision-maker must act fairly and impartially, and that a person affected by a decision must be given notice of adverse material and an opportunity to be heard.

The Court ordered that MIMAC's decision to refuse the licence be set aside and remitted the matter back to MIMAC for reconsideration according to law.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.