Matete v Minister for Immigration

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
Minister for Immigration & Multicultural Affairs v Jia (2001) 205 CLR 507
Zhong v Minister for Immigration & Citizenship [2008] FCA 507
WAGP v Minister for Immigration & Multicultural & Indigenous Affairs (2006) 151 FCR 413

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

1. 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

1. 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.

2. For the reasons which follow, the application will be dismissed.

Relevant legislation

1. 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.

2. 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.

3. Section 103 provided:

   A non-citizen must not give an officer, the Minister, or a tribunal performing a function…