Kadeh and Migration Agents Registration Authority (Migration)

[2020] AATA 6020

Kadeh and Migration Agents Registration Authority (Migration) [2020] AATA 6020 (9 July 2020)

Division:GENERAL DIVISION

File Number(s):2018/6381  

Re:Imad Kadeh  

APPLICANT

Migration Agents Registration AuthorityAnd  

RESPONDENT

DECISION

Tribunal:Member M O’Loughlin 

Date:9 July 2020  

Date of written reasons:         12 March 2021

Place:Adelaide

For the reasons given orally at the conclusion of this matter, the Tribunal dismisses the application without proceeding to review the decision.

..........................[Sgnd]..............................................

Member M O’Loughlin

CATCHWORDS

MIGRATION AGENT REGISTRATION – applicant failed to appear at hearing – appropriate notice provided pursuant to section 42A(7) of the AAT Act - application for review dismissed pursuant to section 42A(2)(a) of the AAT Act.

LEGISLATION

Administrative Appeals Tribunal Act 1975 (Cth)

REASONS FOR DECISION

1. At the conclusion of the above matter the terms of the decision intended to be made and the reasons therefore were stated orally.  After the giving of the oral reasons, the respondent requested the Tribunal to provide a statement in writing of the reasons of the Tribunal for its decision.

2. The oral reasons for the decision have been transcribed.  Some minor amendments and additions have been made to that transcript.  Whilst the oral reasons, as amended, may reflect the inelegance of an ex tempore decision, they are in fact the reasons for the said decision. Those reasons are set out below.

3. Noting first of all the applicant's non‑attendance at the hearing at 10 am on the morning of 9 July 2020.

4. The Tribunal notes that the applicant advised the Tribunal on the afternoon of 7 July 2020, which was the day before the scheduled start of the hearing, that this matter is the subject of an appeal.  He indicated in an email to the Adelaide registry of 7 July 2020, delivered at 4.14 pm ACST, that the matter is now in the Federal Court of Australia and “must be revoked”. 

5. He was advised later that day by email from the registry that the hearing would proceed as listed and that he is required to attend. He was advised that failing to attend may result in the proceedings being dismissed pursuant to section 42A of the Administrative Appeals Tribunal Act 1975 (Cth) (the “Act”). 

6. He was also asked to provide a copy of the appeal documents that he had lodged in the Federal Court. 

7. By an email delivered at 7.12 pm that evening, the applicant replied enclosing a copy of a stamped notice of filing with file number SAD99/2020, titled CZP20 v the Administrative Appeals Tribunal and Others. The notice was dated 7 July 2020 at 1.46PM ACST. 

8. Attached to that document was an affidavit dated 2 July 2020 in the applicant's name which complains in part about orders made by the Tribunal in the subject matter.  There is no evidence in the documents provided by the applicant of an order by the Federal Court to stay the subject application. 

9. The applicant did not attend the hearing on 8 July 2020 at 10 am.  The registry attempted to contact the applicant after his failure to attend, using the mobile phone number that he had provided, but the calls were not answered.  Voicemail messages were left asking the applicant to contact the Tribunal.  No such contact was made. 

10. The Tribunal heard from Mr Cunynghame, counsel for the respondent, and decided to allow the applicant another opportunity to attend, as the matter had been listed for two days. 

11. The hearing was adjourned to the following day, 9 July 2020 at 10 am ACST.

12. The registry advised the applicant by email dated Wednesday 8 July at 10.38 am, that the matter before the Tribunal remains on foot despite the appeal to the Federal Court of Australia, and reminded the applicant that the Tribunal has the power to dismiss the application if he does not attend. 

13. The applicant was asked to contact the registry to advise whether or not he would be attending.  There was no response to that email. 

14. The applicant has not appeared this morning, Thursday 9 July 2020.

15. The Tribunal has heard submissions from Mr Cunynghame, counsel for the respondent. 

16. The Tribunal notes that this matter was listed at a directions hearing on 13 May 2020 and that the date was subsequently provided by the Tribunal to the parties in writing. 

17. The Tribunal further notes that the date of the hearing has been the subject of further emails between the applicant and the registry. 

18. For the purposes of section 42A(7) of the Act, the Tribunal is satisfied that appropriate notice of the time and place of the hearing was given to the applicant.

19. For the reasons outlined above, the Tribunal dismisses the application without proceeding to review the decision pursuant to section 42A(2)(a) of the Act.

I certify that the preceding nineteen (19) paragraphs are a true copy of the reasons for the decision herein of Member O’Loughlin.

..................[Sgnd]....................................

Legal and Administrative Assistant

Date of hearing:	9 July 2020
Respondent’s Representative:	Mr. A Cunynghame, Sparke Helmore Lawyers