Gacic v Minister for Immigration and Citizenship
[2012] FCA 531
•25 May 2012
FEDERAL COURT OF AUSTRALIA
Gacic v Minister for Immigration and Citizenship [2012] FCA 531
Citation: Gacic v Minister for Immigration and Citizenship [2012] FCA 531 Appeal from: Gacic & Anor v Minister for Immigration & Anor [2011] FMCA 403 Parties: LJILJANA GACIC and BRANISLAV CIRIC v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL File number: NSD 929 of 2011 Judge: BESANKO J Date of judgment: 25 May 2012 Catchwords: PRACTICE AND PROCEDURE – application to adduce further evidence on appeal – s 27 of Federal Court of Australia Act 1976 (Cth).
Held: the amended transcript of the hearing before the Tribunal be received as further evidence on the appeal.
MIGRATION – procedural fairness – appeal from decision of Federal Magistrates Court to dismiss appeal from decision of Migration Review Tribunal (“Tribunal”) affirming decision of first respondent to refuse appellants’ applications for Business Skills – Established Business (Residence) (Class BH) visas – where second appellant “secondary applicant” pursuant to clause 845.3 of Migration Regulations 1994 (Cth) (“Regulations”) since initial application – where “primary applicant” required to satisfy “primary criteria” pursuant to clause 845.2 of Regulations – where appellants claim second appellant purported to give evidence relevant to fulfilment of primary criteria – where second appellant interrupted by Tribunal member on basis of status as secondary applicant – where Tribunal found second appellant did not satisfy primary criteria – whether failure to comply with s 360 of Migration Act 1958 (Cth) – whether jurisdictional error.
Held: The appeal must be dismissed.
Legislation: Migration Act 1958 (Cth) s 360
Migration Regulations 1994 (Cth) Schedule 2 Subclass 845Cases cited: SZBEL v Minister for Immigration, Multicultural and Indigenous Affairs (2006) 228 CLR 152, referred to Date of hearing: 24 February 2012 Place: Sydney Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 33 Counsel for the First and Second Appellants: Mr P Reynolds Solicitor for the First and Second Appellants: Dobbie and Devine Immigration Lawyers Pty Ltd Counsel for the First Respondent: Mr A Markus Solicitor for the First Respondent: Australian Government Solicitor Counsel for the Second Respondent: The Second Respondent did not appear
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 929 OF 2011
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: LJILJANA GACIC
First AppellantBRANISLAV CIRIC
Second AppellantAND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentMIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE:
BESANKO J
DATE OF ORDER:
25 MAY 2012
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The appellants have leave to amend their Notice of Appeal dated 15 June 2011 by deleting the existing grounds and substituting therefor ground 1 in the Draft Amended Notice of Appeal attached to the appellants’ Interlocutory application dated 3 February 2012.
2.The amended transcript of the hearing before the Tribunal on 25 November 2009 be received as further evidence on the appeal under section 27 of the Federal Court of Australia Act 1976 (Cth).
3.The appeal be dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 929 OF 2011
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: LJILJANA GACIC
First AppellantBRANISLAV CIRIC
Second AppellantAND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentMIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE:
BESANKO J
DATE:
25 MAY 2012
PLACE:
SYDNEY
REASONS FOR JUDGMENT
This is an appeal from an order made by the Federal Magistrates Court on 25 May 2011. On that day the Court ordered that an application for judicial review brought by Ljiljana Gacic as first applicant and Branislav Ciric as second applicant be dismissed. The applicants for judicial review are the appellants before this Court and the respondents are the Minister for Immigration and Citizenship and the Migration Review Tribunal (“the Tribunal”). The appellants are, and have been, in a de facto relationship.
The appellants brought their application for judicial review in the Federal Magistrates Court on 17 December 2010. They sought a writ of certiorari quashing a decision of the Tribunal made on 19 November 2010 and a writ of mandamus directing the Tribunal to determine their application for review according to law. In order to succeed, the appellants needed to show jurisdictional error on the part of the Tribunal.
The decision of the Tribunal which the appellants claimed was invalid by reason of jurisdictional error was a decision affirming a decision of a delegate of the first respondent not to grant to them a type of visa known as a Business Skills – Established Business (Residence) (Class BH) visa. There are two relevant Subclasses, 845 (Established Business in Australia) and 846 (State/Territory Sponsored Regional Established Business in Australia). In this case it is the former Subclass which is the relevant one. I will refer to the particular visa in issue as a Business Skills visa.
The appellants’ application for Business Skills visas has a very long history. The applications were made on 15 December 2003 and the delegate made her decision on 24 August 2006. There was an application for review by the Tribunal which resulted in the Tribunal deciding to affirm the delegate’s decision on 11 November 2008. The appellants applied to the Federal Magistrates Court for judicial review of the Tribunal’s decision and, on 22 April 2009, the Federal Magistrates Court made orders by consent setting aside the decision and remitting the matter to the Tribunal for it to be determined according to law. This appeal relates to the order of the Federal Magistrates Court in relation to the second decision of the Tribunal made, as I have said, on 19 November 2010.
The criteria for a Business Skills visa raises a number of issues about an applicant’s ownership in established businesses, ownership of assets, involvement in the management of businesses and success in businesses. The appellants provided a great deal of information to the delegate and then the Tribunal concerning these matters. That partly explains the long history of the appellants’ application. Another contributing factor is the fact that the appellants have been engaged in long running defamation proceedings in the Supreme Court of New South Wales against John Fairfax Publications Pty Ltd (“John Fairfax”). Those proceedings relate to an allegedly defamatory article published by John Fairfax about a restaurant business conducted by the appellants called “CocoRoco”. For a number of years the appellants have maintained that those proceedings and their likely or possible outcome were relevant to the issue of whether they satisfied the criteria for Business Skills visas.
In their application for Business Skills visas the appellants nominated Ms Gacic as the primary applicant and the person who satisfied the primary criteria.
THE NOTICE OF APPEAL AND THE APPLICATION TO AMEND THE NOTICE OF APPEAL
The Notice of Appeal to this Court is dated 15 June 2011 and it contains the following grounds of appeal:
The learned Federal Magistrate erred by failing to find jurisdictional error on the part of the Second Respondent (‘Tribunal’) in respect of its decision dated 19 November 2010 to affirm a decision of a delegate of the First Respondent (‘Minister’) to not grant Business Skills – Established Business (Residence) (Class BH) visas to the Appellants.
Particulars
a.The First Appellant’s business career dates back to as early as 1985 (possibly 1980): see [18].
b.The Tribunal found [at 22] that ‘prior to the demise and eventual closure of the Coco Roco restaurant in late 2003 and early 2004, the [First Appellant] had been modestly successful in her business career’.
c.The Tribunal also accepted (at [25]) that the ‘[First Appellant’s] problems with Fairfax and the Sydney Morning Herald article on Coco Roco and the subsequent extensive litigation may well explain the lack of business success in recent years’. Relevantly, the Tribunal had regard to policy guidelines under which decisions [sic] makers should take account of ‘factors outside the control of the applicant’.
d.Notwithstanding, the Tribunal found that the First Appellant has not ‘overall had a successful business career’.
e.In so finding the Tribunal misconstrued or misapplied clause 845.217 of the Migration Regulations 1994 (Cth).
Note: The written reasons of the judgment of the learned Federal Magistrate are presently unavailable.
On 3 February 2012, and shortly before the date fixed for the hearing of the appeal, the appellants issued an interlocutory application in which they sought the following orders:
1.Leave be granted to the Appellants pursuant to rule 36.11 of the Federal Court Rules 2001 (‘Rules’) or otherwise to amend the Notice of Appeal and file an Amended Notice of Appeal in the form of the draft attached and marked ‘A’.
2.Leave be granted pursuant to rule 36.57 of the Rules or otherwise to rely upon the following as evidence in the substantive hearing of the appeal:
(a)paragraphs 10 and 11 of the affidavit of Ljiljana Gacic affirmed on 3 February 2012 and annexures LG2 and LG3 referred to therein;
(b)paragraphs 8 and 9 of the affidavit of Branislav Ciric affirmed on 3 February 2012.
3.Such further or other order as the Court considers fit.
The appellants’ Draft Amended Notice of Appeal contained three grounds.
The appellants’ interlocutory application was set down for hearing at 10.15 am on the day fixed for the hearing of the appeal. Prior to the hearing the appellants filed and served an Outline of Submissions which addressed only ground 1 in the Draft Amended Notice of Appeal.
At the hearing the appellants did not press grounds 2 and 3 in the Draft Amended Notice of Appeal. Furthermore, they did not put any arguments in support of the grounds in the Notice of Appeal as it stood ([7] above) and they have been abandoned.
The appellants’ application then is to amend their Notice of Appeal dated 15 June 2011 so that it contains, and only contains, the following ground of appeal:
1.The learned Federal Magistrates Court erred by failing to find jurisdictional error on the part of the Second Respondent (‘Tribunal’) in respect of the decision dated 19 November 2010 to affirm a decision of a delegate of the First Respondent (‘Minister’) to not grant Business Skills – Established Business (Residence) (Class BH) visas (‘Visas’) to the Appellants (‘Decision’), the said jurisdictional error being a misconstruction of the applicable law, a failure on the part of the Tribunal to comply with the requirements of section 360 of the Migration Act 1958 (Cth) and/or a constructive failure to exercise jurisdiction.
Particulars
At the hearing before the Tribunal, when the Second Appellant sought to make submissions in relation to whether he complied with the primary criteria for a Subclass 845 visa, the Tribunal conveyed to him in substance that such submissions were irrelevant and that it was necessary for the Appellants to demonstrate that the First Appellant complied with the primary criteria (Transcript 34-3, particularly Q245-248). This was incorrect as a matter of law. Further, the Tribunal did in fact consider whether the Second Appellant complied with the primary criteria in a manner adverse to the Appellants (Decision [26]). In the circumstances, the Appellants were not invited to a hearing in which they had an opportunity to give evidence and present arguments in relation to that issue, in breach of section 360 and amounted to a constructive failure to exercise jurisdiction.
(Underlining omitted.)
Each appellant swore an affidavit in support of their application to amend the Notice of Appeal and the application to tender further evidence. Each affidavit addressed three matters, being the reason the contention in ground 1 of the Draft Amended Notice of Appeal was not raised before the Federal Magistrates Court, the matters in support of the application to adduce further evidence and an explanation for the delay in raising the contention in ground 1 in the appeal proceeding in this Court. The evidence establishes that until recently the appellants were not aware of the argument they now seek to raise in ground 1 and their previous solicitor in the proceeding before the Federal Magistrates Court did not raise the argument with them. As to the application to adduce further evidence, the appellants seek to rely on the amended transcript of the hearing before the Tribunal to establish the contention referred to in ground 1 above. Furthermore, in his affidavit Mr Ciric said that during the hearing before the Tribunal he sought to give evidence about “my business career … (for example, ‘Hobbytours, a Yugoslav business; Interjagd, a Yugoslav – Australian business; Centroturist GMBH Dusseldorf, Germany)”.
The passage in the transcript which is referred to in the particulars to ground 1 of the Draft Amended Notice of Appeal is as follows:
MR CIRIC
Q 245Yes. I sell my very …. before I come in Australia, I have very, very big business career and I can a, prove this.
TRIBUNAL MEMBER
Q 246Now of course this is a primary, this is, sorry to interrupt you - - -
MR CIRIC
Q 247O.K.
TRIBUNAL MEMBER
Q 248- - - but this is so called primary criterion which, which means it’s something that the primary visa applicant has to be. And of course the primary visa applicant is your wife, so just be aware of that. I mean I think I will need some more submission, no, some more information on this matter. But just be aware, I mean I’m happy to hear about the success of your business interests in your career, but it needs to be tied in, you know, with your wife because she’s the one that needs to meet, all you need to meet is the secondary criteria which is that you’re her husband. So she meets the primary criteria - - -
MS L GACIC
He is my partner
TRIBUNAL MEMBER
Q248- - - or partner, de facto, husband, O.K.
ISSUES ON THE APPEAL
In order to consider the merits of the appellants’ applications it is convenient to start by examining the criteria for a Business Skills visa.
The criteria are set out in Schedule 2 Subclass 845 of the Migration Regulations 1994 (Cth). Clause 845.2 states that the primary criteria must be satisfied by at least one member of a family unit. The other members of a family who are applicants for a Business Skills visa need satisfy only the secondary criteria. Clause 845.3 deals with the secondary criteria.
As far as the primary applicant is concerned there are primary criteria which must be satisfied at the time of the application and primary criteria which must be satisfied at the time of decision. The primary criteria which must be satisfied at the time of the application include the following:
1.The applicant must hold a temporary substantive visa other than certain specified types of visas: clause 845.211.
2.For at least 272 days in the 12 month period ending immediately before the application is made, the applicant has been in Australia as the holder of a specified temporary visa; or Bridging A or B visa granted on certain grounds with a Subclass 457 visa (Independent Executive stream) subsequently being granted: clause 845.212.
3.The applicant must have had an ownership interest in 1 or more established main businesses in Australia for the period of 18 months immediately preceding the making of the application and must continue to have an interest of that kind: clause 845.213. The concept of an ownership interest in relation to a business is defined in subsection 134 (10) of the Migration Act 1958 (Cth). The concept of a main business is defined in regulation 1.11 of the Regulations and the concept of a qualifying business is defined in regulation 1.03.
4.The total value of the net assets in Australia of the applicant, or the applicant and the applicant’s spouse together must be and must have been throughout the period of 12 months immediately preceding the making of the application at least AUD250,000: clause 845.214.
5.The total value of the net assets owned by the applicant, or by the applicant and the applicant’s spouse together, in the main business or main businesses in Australia must be and must have been throughout the period of 12 months immediately preceding the making of the application at least AUD100,000: clause 845.215. There is an inclusive definition of ownership of an asset in regulation 1.11A.
6.The applicant must, in the 12 months immediately preceding the making of the application, as the owner of an interest in a main business or main businesses in Australia have maintained direct and continuous involvement in the management of that business or those businesses from day to day and in making decisions that affected the overall direction and performance of that business or those businesses: clause 845.216.
7.The applicant has overall had a successful business career: clause 845.217.
8.The applicant or his or her spouse (if any) must not have had a history of involvement in business or investment activities of a nature that is not generally acceptable in Australia: clause 845.218.
The criteria to be satisfied at the time of decision includes a criterion (clause 845.221) that the applicant continues to satisfy the criteria in clauses 845.213 to 845.218.
I turn now to consider how the decision-makers dealt with the appellants’ application.
In the application for Business Skills visas dated 15 December 2003 Ms Gacic was described as the “main applicant”. Plainly, at that time she was put forward as the primary applicant or applicant who it was said satisfied the primary criteria in the regulations.
In her decision of 24 August 2006 the delegate found that Ms Gacic did not satisfy clauses 845.213(b), 845.214(a), 845.215(a) and 845.217 at the time of decision. She also found that, as Ms Gacic’s business was not in a designated area for the purposes of clause 846.215, she did not meet the requirements for a Subclass 846 visa. The delegate found that as Ms Gacic, as the principal applicant, had been refused a Business Skills visa, so also must her spouse, Mr Ciric. She also considered whether Mr Ciric was be able to satisfy the primary criteria in relation to a Business Skills visa. She decided that he did not because he did not, at the time of the decision, meet the criteria in clauses 845.213(b), 845.214(a), 845.215(a) and 845.217.
In the first Tribunal decision the Tribunal noted that Ms Gacic was the primary visa applicant. The only relevant Subclass of a Class BH visa was Subclass 845. It is clear that at the time of the first Tribunal’s decision it was Ms Gacic (and her sister) who was trying to satisfy the primary criteria. The Tribunal said that, as Ms Gacic and her sister did not meet the criteria in clause 845.213(b) and that as all the criteria must be satisfied, there was no need for it to assess the applicants in relation to other criteria. The Tribunal found that Ms Gacic and Mr Ciric did not meet the criteria in clause 845.221 at the time of decision.
In the second Tribunal decision the Tribunal said that the issue before it was whether “the applicant”, that is, Ms Gacic, met clause 845.221. The Tribunal conducted a hearing on 25 November 2009 at which the appellants were represented by their registered migration agent. The Tribunal focused on the criterion in clause 845.217, namely, whether Ms Gacic has overall had a successful business career. The Tribunal reviewed the evidence and said that it was not satisfied that Ms Gacic has overall had a successful business career, and that as a result, she did not meet the criteria in clause 845.221. The Tribunal expressed its conclusion with respect to Ms Gacic in the following way:
The Tribunal has taken account of the policy guidelines but nonetheless considers that the applicant has not overall had a successful business career. The applicant’s problems with Fairfax and the Sydney Morning Herald article on Coco Roco and the subsequent extensive litigation may well explain the applicant’s lack of business success in recent years. However, cl. 845.217 requires more than an explanation for lack of business success: cl. 845.217 requires that the applicant has overall had a successful business career. The Tribunal has considered the applicant’s business history both before and since arriving in Australia and is not satisfied that the applicant has overall had a successful business career. The applicant does not therefore meet the requirement in cl. 845.221 that the applicant continues to satisfy the criteria in cl. 845.217 at the time of the Tribunal’s decision.
The Tribunal went on to consider whether Mr Ciric met the primary criteria for a Subclass 845 visa. It found that he did not meet the requirements of clause 845.221 because he did not have an ownership interest in the remaining main business of Ferretti Pty Ltd.
The application for judicial review before the Federal Magistrates Court alleged jurisdictional error on the part of the Tribunal concerning the Tribunal’s finding that Ms Gacic did not satisfy clause 845.217 at the time of decision as required by clause 845.221. There was no challenge to the Tribunal’s finding that Mr Ciric did not meet the criteria in clause 845.221. In fact, the Federal Magistrate noted at the outset of his reasons the following:
Although Mr Ciric’s financial affairs may have been involved in Ms Gacic’s business pursuits, their eligibility for the visas depended upon Ms Gacic meeting the criteria as primary applicant.
(Gacic and Anor v Minister for Immigration and Anor [2011] FMCA 403 at [1])
The appellants were represented by a solicitor at the hearing before the Federal Magistrates Court. She had new solicitors at the time of the hearing of the appeal before me.
The appellants’ proposed ground of appeal alleges a failure to comply with s 360 of the Act which, relevantly, is in the following terms:
(1)The Tribunal must invite the applicant to appear before the Tribunal to give evidence and present arguments relating to the issues arising in relation to the decision under review.
In SZBEL v Minister for Immigration, Multicultural and Indigenous Affairs (2006) 228 CLR 152 (“SZBEL”) the High Court held that the Tribunal did not accord an applicant procedural fairness where it had not given him or her sufficient opportunity to give evidence, or make submissions about the issues arising in relation to the decision under review. Where the delegate has made his or her decision by reference to certain issues, in other words, issues which dispose of the application, then the applicant was entitled to proceed on the basis that those were the issues on the review by the Tribunal unless the Tribunal identified other issues to the applicant in such a way that he or she had the opportunity to give evidence and make submissions to the Tribunal with respect to those issues. In SZBEL the Tribunal had not done that and therefore it had failed to accord procedural fairness to the applicant.
The appellants’ argument in this case is that the Tribunal found that Mr Ciric did not meet the criteria for a primary applicant and, in particular, the criteria in clause 845.213, and yet it had precluded him, or at least dissuaded him, from addressing the primary criteria in the regulations at the hearing. It was argued that it had not given him the opportunity to give evidence, or make submissions about the issue of whether he satisfied the primary criteria, and therefore it had not accorded him procedural fairness.
In my opinion, the appellants should be granted leave to amend their Notice of Appeal to add ground 1. Furthermore, I would receive as further evidence on the appeal the amended transcript of the hearing before the Tribunal on 25 November 2009 and, subject to my rulings recorded in the transcript, the affidavit evidence of each of the appellants.
The contention raised in ground 1 is arguable even though, for reasons I will give, the contention must be rejected. The explanation for the failure to raise the contention before the Federal Magistrates Court is that no one on the appellants’ side thought of it. In that respect I accept the evidence of each of the appellants that the contention was not raised with them by their previous solicitor and they did not give instructions to him not to raise the contention before the Federal Magistrates Court. That is also the explanation for the fact that the contention was not raised until very late in the appeal proceeding in this Court. I infer that the contention was first identified by either the appellant’s present solicitor or counsel and an application to amend the Notice of Appeal then made. The prejudice to the appellants if they are not permitted to raise the contention is significant because it is acknowledged by the appellants that it is their one and only contention on the appeal and the decision appealed against is a decision to refuse them Business Skills visas. The prejudice to the first respondent if the appellants are permitted to raise the point is, relatively speaking, not significant. No doubt there is an important public interest in litigants raising contentions and arguments in the appropriate forum – in this case the Federal Magistrates Court – and in the efficient and timely disposition of litigation. However, this is a point that could have been raised in the Federal Magistrates Court and any prejudice to the first respondent by reason of the appellants’ failure to do so can be alleviated by an appropriate order for costs. Nor is there any question of the first respondent being prejudiced by the lack of an opportunity to put forward evidence before the Federal Magistrates Court. The only relevant evidence is the amended transcript of the hearing before the Tribunal on 25 November 2009 and the evidence of Mr Ciric as to the businesses he would have referred to had he elaborated on his business career. That evidence is relatively uncontentious.
Although I would allow the appellants’ application to amend their Notice of Appeal, the appeal must be dismissed. The contention in ground 1 must be rejected on either of two grounds. First, it seems to me that the question whether Mr Ciric satisfied the primary criteria for a Business Skills visa was not an issue upon which Mr Ciric sought to give evidence and present arguments. Leaving to one side for present purposes the exchange referred to above (at [13]), at no time in the long history of this matter, including during the period after the Tribunal hearing on 25 November 2009 when the appellants and the Tribunal were corresponding with each other, did Mr Ciric assert that he satisfied the primary criteria for a Business Skills visa. I think the Tribunal could, had it chosen to do so, dismissed Mr Ciric’s application on the basis that he was a secondary applicant in a case where the primary applicant failed to satisfy the primary criteria. The exchange referred to above must be read in the context of the history of this matter, and in that context it cannot be seen as an attempt by Mr Ciric to contend that he satisfied the primary criteria for a Business Skills visa. I have referred to that history above. In addition, I have read the whole of the amended transcript of the hearing before the Tribunal and it is plain that both the Tribunal and the appellants proceeded on the basis that it was Ms Gacic and not Mr Ciric who sought to satisfy the primary criteria. In any event, this is not a case like SZBEL. Both the delegate and the Tribunal in its first decision had found that Mr Ciric did not satisfy the primary criteria. He did not seek to prove at any stage that he did satisfy the criteria in clause 845.213 at the time of decision.
Secondly, in the circumstances, even if the Tribunal failed to allow Mr Ciric to address it on the success of his business career (clauses 845.221 and 845.217) the appellants’ contention must nevertheless fail. The Tribunal concluded correctly that Mr Ciric could not satisfy clause 845.213 at the time of decision (clause 845.221). He did not seek to suggest otherwise before the Tribunal and nor has he attempted to put any evidence before this Court relevant to this matter. The Tribunal acted within jurisdiction in concluding that Mr Ciric did not satisfy the criteria in clause 845.213 at the time of decision and it followed that he did not satisfy the primary criteria for a Business Skills visa.
CONCLUSION
I will grant leave to the appellants to amend their Notice of Appeal dated 15 June 2011 by deleting the existing grounds and substituting therefor ground 1 in the Draft Amended Notice of Appeal attached to their Interlocutory application dated 3 February 2012. I will receive as further evidence on the appeal the amended transcript of the hearing before the Tribunal on 25 November 2009. I dismiss the appeal. I will hear the parties as to costs and any other orders.
I certify that the preceding thirty-three (33) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Besanko. Associate:
Dated: 25 May 2012
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