Mardini v MIMIA

[2007] HCATrans 768

[2007] HCATrans 768

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S160 of 2006

B e t w e e n -

RAYMOND MARDINI

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 11 DECEMBER 2007, AT 9.36 AM

Copyright in the High Court of Australia

HAYNE J: The applicant seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Bennett J) dismissing an appeal against orders of the Federal Magistrates Court (Lloyd‑Jones FM). The Federal Magistrate had dismissed the applicant's claim for relief under s 39B of the Judiciary Act 1903 (Cth) in respect of a decision of the Migration Review Tribunal to affirm refusal of a Partner (Migrant) (Class BC) visa.

The material the applicant supplied in support of his visa application did not accord with the applicable provisions of the Migration Regulations in that, contrary to reg 1.24(2), the "2 statutory declarations by competent persons" which the applicant submitted were "statutory declarations by competent persons who both have a qualification specified in ... the same subparagraph of paragraph (a) of the definition of competent person".  This want of compliance was one of two bases on which the Tribunal acted in deciding to affirm the decision to refuse the applicant the visa he sought.  The other basis for the Tribunal's decision depended upon its applying a wrong test of what constitutes domestic violence.

No useful result could ensue from the grant of the relief sought by the applicant in the courts below.  Because the applicant's visa application did not comply with the conditions specified in the Regulations, the Tribunal was bound to reach the conclusion it did.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.  I publish that disposition.

AT 9.38 AM THE MATTER WAS CONCLUDED