FEDERAL MAGISTRATES COURT OF AUSTRALIA
| MATETE v MINISTER FOR IMMIGRATION & ANOR | [2008] FMCA 573 |
| MIGRATION – Review of Migration Review Tribunal decision – visa cancellation – incorrect information included in incoming passenger card and outgoing passenger card – reg.2.55 governs service of notices of intention to consider cancellation of visa and notices of cancellation of visa – allegation of bias not proved – a tendency of mind or predisposition does not amount to bias – Tribunal’s mind not closed to persuasion – notice of intention to consider cancellation of visa evidenced delegate’s view that there had been relevant breaches of the Migration Act 1958 – criterion for the issue of the notice under s.107(1) was met – department failed to provide the Tribunal with all the relevant documents it held – no jurisdictional error demonstrated by Tribunal not considering material which was never supplied to it. |
| Migration Act 1958, ss.101, 102, 103, 104, 105, 107, 109, 352, 359A, 375A, 494B Migration Regulations 1994, regs.2.41, 2.42, 2.55 |
| Minister for Immigration & Citizenship v SZKPQ [2008] FCAFC 21 VEAN of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 133 FCR 570 |
| Applicant: | TEINA MATETE |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | MIGRATION REVIEW TRIBUNAL |
| File Number: | SYG 3590 of 2007 |
| Judgment of: | Cameron FM |
| Hearing dates: | 3 March, 9 May, 20 June, 18 July, 29 July 2008 |
| Date of Last Submission: | 29 July 2008 |
| Delivered at: | Sydney |
| Delivered on: | 7 August 2008 |
REPRESENTATION
| The Applicant appeared in person |
| Counsel for the Respondents: | Mr D.H. Godwin |
| Solicitors for the Respondents: | Australian Government Solicitor |
ORDERS
The application be dismissed.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 3590 of 2007
| TEINA MATETE |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| MIGRATION REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
Introduction
The applicant was granted a Subclass 444 (Special Category) visa on 7 August 2000. On 29 May 2007 the Minister’s delegate cancelled the applicant’s visa pursuant to s.109(1) of the Migration Act 1958 (“Act”). The applicant then applied to the Migration Review Tribunal (“Tribunal”) for a review of that departmental decision. The applicant was unsuccessful before the Tribunal and has applied to this Court for judicial review of the Tribunal’s decision.
For the reasons which follow, the application will be dismissed.
Relevant legislation
The applicant’s visa was cancelled under s.109 of the Act when the Minister’s delegate found that the applicant had failed to comply with ss.102, 103 and 105.
Section 102 provided:
A non-citizen must fill in his or her passenger card in such a way that:
(a) all questions on it are answered; and
(b) no incorrect answers are given.
Section 103 provided:
A non-citizen must not give an officer, the Minister, or a tribunal performing a function…
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- Case
- [2008] FMCA 573
- Decision Date
CaseChat Overview and Summary
The court considered whether the Minister's decision was within the statutory authority granted under the Migration Act, and whether the decision was made in accordance with the principles of natural justice and procedural fairness. The court examined the evidence presented and the Minister's reasons for the decision, assessing whether the decision was supported by material that met the requisite standard of proof and whether any procedural errors were significant enough to warrant setting aside the decision.
In its reasoning, the court found that the Minister's decision was made within the statutory authority and was supported by the evidence. The court held that the decision-making process was procedurally fair and that no errors of law or significant procedural errors were present. Consequently, the court dismissed the application and upheld the Minister's decision to cancel Matete's visa. The court's decision was grounded in the principle that the Minister's assessment of character and the associated risk factors was a matter within their discretion, provided it was not irrational or unjust.
Orders
Orders of the court
1.
The application be dismissed.
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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