EJUEYITSI -v- MALONEY [No 2] [2007] WASCA 227

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2007] WASCA 227
Court:	THE COURT OF APPEAL (WA)
Case No:	CACR:109/2006	Heard:	13 JUNE 2007
Coram:	McLURE JA PULLIN JA BUSS JA	Delivered:	30/10/07
No of pages:	35	Judgment Part:	1 of 1
Result:	Application to review single judge decision refused
Category:	B
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Parties:	VINCENT BABATUNDE EJUEYITSI JOHN MALONEY
Catchwords:	Criminal law Charge of making a statement that to the appellant's knowledge was false in a material particular pursuant to Migration Act 1958 (Cth), s 234(1)(b) Whether statement was false in a material particular Turns on own facts Criminal law Review of single judge decision Applicable principles
Legislation:	Migration Act 1958 (Cth), s 234(1)(b)
Case References:	BPR v The State of Western Australia [2007] WASCA 41 Buckland v The Queen (Unreported, WASCA, Library No 980144, 3 April 1998) Ejueyitsi v Maloney [2006] WASC 146 FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) 165 CLR 268 Keating v The State of Western Australia [2007] WASCA 98 Lawless v Turner [2007] WASCA 127 Minister for Immigration, Local Government and Ethnic Affairs v Dela Cruz (1992) 34 FCR 348 Musgrave v Martin [2003] FCA 920; (2003) 130 FCR 546 Revlon Manufacturing Ltd v Commissioner of Taxation (1995) 63 FCR 535 Su v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 681

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : EJUEYITSI -v- MALONEY [No 2] [2007] WASCA 227 CORAM : McLURE JA

PULLIN JA

BUSS JA

HEARD : 13 JUNE 2007 DELIVERED : 31 OCTOBER 2007 FILE NO/S : CACR 109 of 2006 BETWEEN : VINCENT BABATUNDE EJUEYITSI

Appellant

AND

JOHN MALONEY

Respondent

ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : WHEELER JA

Citation : EJUEYITSI -v- MALONEY [2007] WASCA 3

File No : CACR 109 of 2006

Catchwords:

Criminal law - Charge of making a statement that to the appellant's knowledge was false in a material particular pursuant to Migration Act 1958 (Cth),

(Page 2)

s 234(1)(b) - Whether statement was false in a material particular - Turns on own facts

Criminal law - Review of single judge decision - Applicable principles

Legislation:

Migration Act 1958 (Cth), s 234(1)(b)

Result:

Application to review single judge decision refused

Category: B

Representation:

Counsel:

Appellant : In person

Respondent : Mr D W L Renton

Solicitors:

Appellant : In person

Respondent : Commonwealth Director of Public Prosecutions

Case(s) referred to in judgment(s):

BPR v The State of Western Australia [2007] WASCA 41
Buckland v The Queen (Unreported, WASCA, Library No 980144, 3 April 1998)
Ejueyitsi v Maloney [2006] WASC 146
FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) 165 CLR 268
Keating v The State of Western Australia [2007] WASCA 98
Lawless v Turner [2007] WASCA 127
Minister for Immigration, Local Government and Ethnic Affairs v Dela Cruz (1992) 34 FCR 348
Musgrave v…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2007] WASCA 227
Decision Date: 31 OCTOBER 2007

CaseChat Overview and Summary

The case of Ejueyitsi v Maloney [No 2] involved an appellant who was charged with making a false statement in a material particular pursuant to section 234(1)(b) of the Migration Act 1958 (Cth). The appellant appealed against a single judge's decision, seeking a review of the original judgment. The central issue before the court was whether the statement made by the appellant was indeed false in a material particular, a determination which depended on the specific facts of the case. Additionally, the court was tasked with considering the principles applicable to the review of single judge decisions.

The court meticulously examined the evidence presented and the arguments put forward by both parties. It held that the appellant's statement was indeed false in a material particular, given the circumstances of the case. The court found that the single judge had correctly applied the relevant legal principles and that the evidence was sufficient to support the original judgment. Consequently, the court refused the application to review the single judge's decision, affirming the conviction and sentence. This outcome underscores the importance of factual accuracy in statements made under the Migration Act and the stringent application of legal principles in reviewing judicial decisions.

Orders

Orders of the court

Application to review single judge decision refused

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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