Mahanusu v Minister for Immigration and Citizenship

[2010] FCA 874

FEDERAL COURT OF AUSTRALIA

Mahanusu v Minister for Immigration and Citizenship [2010] FCA 874

Citation:		Mahanusu v Minister for Immigration and Citizenship [2010] FCA 874
Appeal from:		Mahanusu v Minister for Immigration and Citizenship [2010] AATA 457
Parties:		MALAKAI NAU MAHANUSU v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL
File number:		NSD 916 of 2010
Judge:		MOORE J
Date of judgment:		13 August 2010
Catchwords:		MIGRATION LAW – appeal from Administrative Appeals Tribunal – Tribunal affirmed decision of Minister to cancel visa – character test – substantial criminal record – appeal to Federal Court sought only to introduce new evidence – appeal dismissed
Legislation:		Migration Act 1958 (Cth) s 501
Date of hearing:	13 August 2010
Date of last submissions:	13 August 2010
Place:	Sydney
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	5
Counsel for the Appellant:	The appellant was unrepresented.
Solicitor for the First Respondent:	DLA Phillips Fox

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 916 of 2010

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:

MALAKAI NAU MAHANUSU
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	13 AUGUST 2010
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the respondents’ costs.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 916 of 2010

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:

MALAKAI NAU MAHANUSU
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	13 AUGUST 2010
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The proceeding before me purports to be an appeal against a decision of the Administrative Appeals Tribunal (the Tribunal) affirming a decision of the Minister for Immigration and Citizenship to cancel Mr Mahanusu’s visa on character grounds.

2. The papers filed by the appellant indicate his case is one where he seeks to adduce further evidence about the support he has from his family, and therefore supplement the material that was before the Tribunal and on which the Tribunal made its decision.

3. I explained to the appellant on an earlier occasion that the jurisdiction of this Court is limited and is, in substance, to investigate alleged legal error on the part of the Tribunal. The Court cannot receive further evidence of the type proposed by the appellant nor undertake a review of the case on its merits.

4. The appellant has indicated that he will not seek the services of lawyers.

5. In these circumstances, the appeal as it is framed is dismissed as it is doomed to fail. I order that the appeal be dismissed and the appellant pay the respondents’ costs.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:        13 August 2010