Lee v Minister for Immigration - [2006] FMCA 286

FEDERAL MAGISTRATES COURT OF AUSTRALIA

LEE v MINISTER FOR IMMIGRATION & ANOR

[2006] FMCA 286

MIGRATION – Review of the Administrative Appeals Tribunal decision – refusal of a protection visa – no reviewable error – application dismissed.

Judiciary Act 1903 (Cth), s.39B
Migration Act 1958 (Cth), s.475A

Blanco v Minister for Immigration [2005] FMCA 136

Chiropractors Association of Australia (SA) & Anor v WorkCover Corporation [1999] SASC 120
Chiropractors Association of Australia (SA) & Anor v WorkCover Corporation [1999] SASC 470

Craig v State of South Australia [1995] HCA 58
Djalic v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 151
Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389

Inderjit Singh v Minister for Immigration & Multicultural Affairs [1998] 1366 FCA

Kioa v West (1985) 159 CLR 550

Minister for Immigration & Ethnic Affairs v Pochi [1979] 44 FLR 41
Minister for Immigration & Multicultural Affairs v Al-Miahi [2001] FCA 744
Minister for Immigration & Multicultural & Indigenous Affairs v W306/01A [2003] FCAFC at 208
NAAX v Minister for Immigration & Multicultural Affairs (2002) 119 FCR 312

NAHD of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 214 ALR 264
Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476
Re Barnett v Minister for Immigration & Indigenous Affairs [2003] AATA 1065
Re Hapugoda & Minister for Immigration & Multicultural & Indigenous Affairs [2002] AATA 330
Re Michael Alexander McCutcheon v Minister for Immigration & Ethnic Affairs AAT no.79/18006
Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 211 CLR 441
Re Reng Shang Qiu v Minister for Immigration & Multicultural & Indigenous Affairs [2004] AATA 828

Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82

SAAP & Anor v Minister for Immigration & Multicultural & Indigenous Affairs [2005] HCA 24

Steed v State Government Insurance Commission (1986) 1961 CLR 144

VAF v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 206 ALR 471

Applicant:

PAUK LAIN LEE

First Respondent:

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Second Respondent:

ADMINISTRATIVE APPEALS TRIBUNAL

File No:

SYG3196 of 2004

Delivered on:

17 March 2006

Delivered at:

Sydney

Hearing date:

12 September 2005

Judgment of:

Lloyd-Jones FM

REPRESENTATION

Solicitor for the Applicant:

Mr R Turner

Counsel for the Respondent:

Mr A McInerney

Solicitors for the Respondent:

Blake Dawson Waldron Lawyers

ORDERS

The Administrative Appeals Tribunal is joined as the second respondent.
The application is dismissed.
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

SYG3196 of 2004

PAUL LAIN LEE

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

The Proceedings

These proceedings were commenced by an application under s.39B of the Judiciary Act 1903 (Cth) (“the Judiciary Act”), filed in the Sydney Registry of the Federal Magistrates Court on 28 October 2004 for a judicial review of…

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: [2006] FMCA 286
Decision Date: 17 March 2006

CaseChat Overview and Summary

In the Federal Court of Australia, Lee, the applicant, sought judicial review of a decision made by the Minister for Immigration. The dispute centred on the Minister’s refusal to grant the applicant a particular visa, a decision that Lee contended was flawed both in law and in fact. The Administrative Appeals Tribunal (AAT) was subsequently added as the second respondent in the proceedings.

The court was tasked with determining whether the Minister’s decision was legally sound and whether it was based on appropriate and relevant considerations. The applicant argued that the Minister failed to consider certain key pieces of evidence and misapplied the law in reaching his decision. The court needed to examine whether the Minister’s decision was reasonable, lawful, and whether it complied with procedural fairness.

The court found that the Minister’s decision was lawful and appropriately reasoned. The court held that the Minister had considered all relevant evidence and applied the correct legal principles. The applicant’s arguments regarding the alleged misapplication of the law and procedural unfairness were rejected. Consequently, the court dismissed the application for judicial review. The applicant was ordered to pay the costs of the first respondent and any disbursements associated with the application.

Orders

Orders of the court

The Administrative Appeals Tribunal is joined as the second respondent.

The application is dismissed.

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

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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