Baig v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

BAIG v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 1203

MIGRATION – Review of Migration Review Tribunal decision – cancellation of a Temporary Business Entry (Class UC) visa – no reviewable error – application dismissed.

Judiciary Act 1903 (Cth), s.39B
Migration Act 1958 (Cth), ss.116, 357A, 359A, 483A
Migration Regulations 1994 (Cth), reg.1.03, condition 8107

Jayasekara v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 167
McKinnon v Secretary, Department of Treasury [2006] HCA 45
Minister for Immigration & Multicultural Affairs v Ahmed (2005) 143 FCR 314
Minister for Immigration & Ethnic Affairs v Wu Shan Liang [1996] HCA 6
Mohammed v Minister for Immigration & Multicultural Affairs [2005] FCAFC 47
Weerasinghe v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 261
Wu v Minister for Immigration & Multicultural and Indigenous Affairs (2003) 133 FCR 221

Applicant: MIRZA NAVEED BAIG

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: MIGRATION REVIEW TRIBUNAL

File number: SYG1266 of 2005

Judgment of: Lloyd-Jones FM

Hearing date: 25 May 2007

Delivered at: Sydney

Delivered on: 26 July 2007

REPRESENTATION

Advocate for the Applicant: The applicant appeared in person with the assistance of a Urdu interpreter

Counsel for the First Respondent: Mr J Smith

Solicitors for the First Respondent: Clayton Utz

ORDERS

1. The name of the first respondent be amended to read ‘Minister for Immigration and Citizenship’.

2. The application filed on 17 May 2005 is dismissed.

3. The applicant is to pay the first respondent’s costs and disbursements of and incidental to the application.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG1266 of 2005

MIRZA NAVEED BAIG

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

MIGRATION  REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

The proceedings

1. These proceedings were commenced by an application under s.39B of the Judiciary Act 1903 (Cth) invoking s.483A of the Migration Act 1958 (Cth) (“the Act”) filed in the Sydney Registry of the Federal Magistrates Court of Australia on 17 May 2005 for judicial review of a decision of the Migration Review Tribunal (“the Tribunal”). The Tribunal decision was made on 20 April 2005, and forwarded to the applicant by letter on the same date, affirming a decision of a delegate of the first respondent made on 26 October 2004, cancelling the applicant’s Temporary Business Entry (Class UC) visa. The applicant seeks relief in the form of constitutional writs against the decision of the Tribunal.

2. A Court Book (“CB”) prepared by the first respondent’s solicitors was filed on 11 August 2005.  I have marked this Exhibit “A” and the contents were read into evidence.

3. An affidavit of Jyoti Bharati of Bharati Solicitors was affirmed on

   
   

   20 October 2006 and filed on the same date.  It indicates that he was the solicitor representing the applicant.  The affidavit also states that on 17 October 2006, the applicant advised that he wished to represent himself in the Court proceedings.

Background

1. A summary of the background to this matter is contained in the first respondent’s…