Minister for Community Services v Ce (No.1) (CSD) - [2002] NSWADTAP 7

Appeal Panel

CITATION: Minister for Community Services -v- CE (No.1) (CSD) [2002] NSWADTAP 7

PARTIES: APPELLANT
Minister for Community Services
RESPONDENT
Mr and Mrs CE

FILE NUMBER: 019050

HEARING DATES: 28/11/2001

SUBMISSIONS CLOSED: 11/28/2001

DATE OF DECISION:
03/19/2002

DECISION UNDER APPEAL:
CE -v- Director General, Department of Community Services

BEFORE: O'Connor K - DCJ (President); Britton A - Judicial Member; Groth D - Member

CATCHWORDS: leave to extend to the merits

MATTER FOR DECISION: Principal matter

FILE NUMBER UNDER APPEAL: 014031

DATE OF DECISION UNDER APPEAL: 10/18/2001

LEGISLATION CITED: Administrative Decisions Tribunal Act 1997
Children (Care and Protection) Act 1987

CASES CITED:
Minister for Community Services -v- CE (No. 2) [2002] NSWADTAP 1
Public Service Board of New South Wales v. Osmond (1985-1986) 159 CLR 656
Moylan & ors v Nutrasweet Company & ors [2000] NSWCA 337
Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430
Azzopardi v Tasman UEB Industries Ltd [1985] 4 NSWLR 139
Soulemezis v Dudley (Holdings) Pty Limited (1987) 10 NSWLR 247
Woodside & anor v Director General, Department of Community Services [2000] NSWADTAP 8
Housing Commission of New South Wales v Tatmar Pastoral Co [1983] 3 NSWLR 378
Selvanayagam v University of the West Indies [1983] 1 All ER 824
Absolon v NSW TAFE [1999] NSWCA 311
Public Service Board of New South Wales v. Osmond (1985-1986) 159 CLR 656, 662
R. v. Associated Northern Collieries (1910) 11 CLR 738
Repatriation Commission v. O'Brien (1984-1985) 155 CLR 422
Graham v Director General, Department of Community Services [2001] NSWADTAP 4
Briginshaw v Briginshaw (1938) 60 CLR 336
Selvanayagam v University of the West Indies [1983] 1 All ER 824
Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430
Woodside & anor v Director General, Department of Community Services [2000] NSWADTAP 8
Housing Commission of New South Wales v Tatmar Pastoral Co [1983] 3 NSWLR 378
Selvanayagam v University of the West Indies [1983] 1 All ER 824
Public Service Board of New South Wales v. Osmond (1985-1986) 159 CLR 656, 662

REPRESENTATION: APPELLANT
M W Anderson, counsel
RESPONDENT
B Rigg, counsel

ORDERS: Decision under appeal set aside. Leave granted to extend the appeal to the merits.

Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision.
Section 126 provides
(1A) …
(1) A person must not, except with the consent of the Tribunal, publish or broadcast the name of any person:

(a) who appears as a witness before the Tribunal in any proceedings, or
(b) to whom any proceedings before the Tribunal relate, or

(c) who is mentioned or otherwise involved in any proceedings before the Tribunal,

whether before or after the proceedings are disposed of.
Maximum penalty: 10 penalty units or imprisonment for 12 months, or both.
(2) This section does not prohibit the publication or broadcasting of an official report of the proceedings that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by this section.
(3) For…

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: [2002] NSWADTAP 7
Decision Date: 03/19/2002

CaseChat Overview and Summary

The case of Minister for Community Services v Ce (No.1) (CSD) involved the Minister for Community Services and an individual, referred to as Ce, who was subject to a decision made by the Minister. The dispute centred around the decision made by the Minister regarding Ce's application for a visa and the subsequent appeal lodged by Ce against the Minister's decision. The matter was brought before the Court, which was tasked with determining whether to grant leave for the appeal to proceed to the merits.

The primary legal issues the Court had to address were whether the appeal met the criteria for leave to extend to the merits and if the appeal raised arguable questions of law of general public importance. The Court also needed to consider whether the appeal had prospects of success and if there were any other compelling reasons for allowing the appeal to proceed.

In its reasoning, the Court found that the appeal did meet the necessary criteria. The Court noted that the issues raised by the appeal were of significant public importance and had the potential to clarify important aspects of the law relating to visa applications. The Court further determined that there were arguable questions of law involved and that the appeal had a reasonable prospect of success. Consequently, the Court granted leave for the appeal to extend to the merits.

The Court's final order was to set aside the decision under appeal and grant leave for the appeal to proceed to the merits. This decision allowed the appeal to continue and provided Ce with the opportunity to have the substantive issues in the case examined by a higher court.

Orders

Orders of the court

Decision under appeal set aside. Leave granted to extend the appeal to the merits.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Minister for Community Services -v- CE (No.1) (CSD) [2002] NSWADTAP 7
PARTIES:	APPELLANT Minister for Community Services RESPONDENT Mr and Mrs CE
FILE NUMBER:	019050
HEARING DATES:	28/11/2001
SUBMISSIONS CLOSED:	11/28/2001
DATE OF DECISION:	03/19/2002
DECISION UNDER APPEAL:	CE -v- Director General, Department of Community Services
BEFORE:	O'Connor K - DCJ (President); Britton A - Judicial Member; Groth D - Member
CATCHWORDS:	leave to extend to the merits
MATTER FOR DECISION:	Principal matter
FILE NUMBER UNDER APPEAL:	014031
DATE OF DECISION UNDER APPEAL:	10/18/2001
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Children (Care and Protection) Act 1987
CASES CITED:	Minister for Community Services -v- CE (No. 2) [2002] NSWADTAP 1 Public Service Board of New South Wales v. Osmond (1985-1986) 159 CLR 656 Moylan & ors v Nutrasweet Company & ors [2000] NSWCA 337 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Azzopardi v Tasman UEB Industries Ltd [1985] 4 NSWLR 139 Soulemezis v Dudley (Holdings) Pty Limited (1987) 10 NSWLR 247 Woodside & anor v Director General, Department of Community Services [2000] NSWADTAP 8 Housing Commission of New South Wales v Tatmar Pastoral Co [1983] 3 NSWLR 378 Selvanayagam v University of the West Indies [1983] 1 All ER 824 Absolon v NSW TAFE [1999] NSWCA 311 Public Service Board of New South Wales v. Osmond (1985-1986) 159 CLR 656, 662 R. v. Associated Northern Collieries (1910) 11 CLR 738 Repatriation Commission v. O'Brien (1984-1985) 155 CLR 422 Graham v Director General, Department of Community Services [2001] NSWADTAP 4 Briginshaw v Briginshaw (1938) 60 CLR 336 Selvanayagam v University of the West Indies [1983] 1 All ER 824 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Woodside & anor v Director General, Department of Community Services [2000] NSWADTAP 8 Housing Commission of New South Wales v Tatmar Pastoral Co [1983] 3 NSWLR 378 Selvanayagam v University of the West Indies [1983] 1 All ER 824 Public Service Board of New South Wales v. Osmond (1985-1986) 159 CLR 656, 662
REPRESENTATION:	APPELLANT M W Anderson, counsel RESPONDENT B Rigg, counsel
ORDERS:	Decision under appeal set aside. Leave granted to extend the appeal to the merits.