El Khatib v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

EL KHATIB v MINISTER FOR IMMIGRATION [2006] FMCA 1093

MIGRATION – Review of delegate of the Minister’s decision – applicant granted a sponsored family visitor visa subject to condition 8503 – after entry into Australia applicant requests that the respondent waive condition 8503 – application to waive condition refused – no reviewable error – application dismissed.

Judiciary Act 1903 (Cth), s.39B
Migration Act 1958 (Cth), s.41
Migration Regulations 1994, reg.2.05

Auva’a, in the matter of an application for a Writ of Prohibition and Certiorari and Declaratory and Injunctive Relief against Vanstone [2003] FCA 1506
Yo Han Chung v University of Sydney & Ors [2002] FCA 186
Mardini v Minister for Immigration [2005] FMCA 1409
SZDUE v Minister for Immigration [2005] FCA 1262
SZEGV v Minister for Immigration [2005] FMCA 1408
SZEGN v Minister for Immigration [2005] FMCA 1410
SZGZT v Minister for Immigration [2006] FMCA 45

Applicant: MOHAMAD EL KHATIB

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

File Number: SYG1341 of 2005

Judgment of: Lloyd-Jones FM

Hearing dates: 20 March 2006, 26 June 2006

Delivered at: Sydney

Delivered on: 5 September 2006

REPRESENTATION

Advocate for the Applicant: The applicant appeared in person with the assistance of a Arabic interpreter and a McKenzie friend

Advocate for the Respondents: Ms S Hanstein

Solicitors for the Respondents: Australian Government Solicitor

ORDERS

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

2. The application is dismissed.

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

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG1341 of 2005

MOHAMAD EL KHATIB

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REASONS FOR JUDGMENT

The Proceedings

1. These proceedings were commenced by an application under s.39B of the Judiciary Act 1903 (Cth) filed in the Sydney Registry of the Federal Magistrates Court of Australia on 24 May 2005 for judicial review of the delegate’s decision made on 23 May 2005, refusing to waive condition 8503 that was imposed on a sponsored visitor’s visa sub-class UL679. The applicant seeks unstated relief against the decision of the delegate.

2. For the purposes of this application, the applicant tendered and applied for the following affidavits to be admitted into evidence:

   a)Lima El Khatib, declared and affirmed on 14 July 2005 (first affidavit Lima Khatib);

   b)Mohamad El Khatib, declared and affirmed on 2 March 2006 (first affidavit Mohamad Khatib);

   c)Mohamad El Khatib, declared and affirmed on 3 June 2006 (second affidavit Mohamad Khatib);

   d)Lima El Khatib, declared and affirmed on 22 June 2006 (second affidavit of Lima Khatib).

3. A Court Book (“CB”) containing the relevant documents prepared by the respondent’s solicitors was filed in these proceedings on 28 June 2005.

Background

1. The applicant, Mohamad El Khatib, was granted a sponsored family visitor visa sub-class 679 on 10 February 2005 by a Department of Immigration officer located at the Australian Embassy in Beirut.  Imposed on the visa was condition 8503, which states:

   The holder…