Moana v Minister for Immigration and Border Protection (No 2)
[2019] FCA 680
•15 May 2019
FEDERAL COURT OF AUSTRALIA
Moana v Minister for Immigration and Border Protection (No 2) [2019] FCA 680
Appeal from: Application for extension of time: Bruce Moana v Minister for Immigration and Border Protection & Anor (Federal Circuit Court, No. MLG2764/2016, Orders dated 07 September 2017) File number: VID 902 of 2018 Judge: ALLSOP CJ Date of judgment: 15 May 2019 Date of hearing: 19 November 2018 Registry: Victoria Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: No Catchwords Number of paragraphs: 7 Counsel for the Applicant: The applicant did not appear Counsel for the First Respondent: D Brown of Australian Government Solicitor ORDERS
VID 902 of 2018 BETWEEN: BRUCE MOANA
Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
JUDGE:
ALLSOP CJ
DATE OF ORDER:
15 MAY 2019
THE COURT NOTES THAT:
1.Nothing in Order 1 made on 14 May 2019 is intended to prevent or to discourage the Minister making appropriate enquiries of people in Australia who may know of Mr Moana’s whereabouts or contact details in New Zealand, and the extent to which Order 1 made on 14 May 2019 needs to be complied with may be affected by success in locating Mr Moana through enquiries of the kind referred to above.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
SUPPLEMENTARY REASONS FOR JUDGMENT
ALLSOP CJ:
I refer to the orders made and reasons published on 14 May 2019.
Throughout the proceedings before the Tribunal and the Federal Circuit Court, Mr Moana provided various contact details for himself, his family and previous employers.
The address that Mr Moana declared to be his own address on the ‘Request for Revocation of a Mandatory Visa Cancellation Form’, which can be found at exhibit CMS7, page 85 of the affidavit of Cody Michael Smith filed 3 December 2018 in this Court, was the same address to which letters were sent notifying Mr Moana of the cancellation of his visa (which he asserted that he did not receive). At the oral hearing before the Tribunal, Mr Moana maintained that this was the address of his foster parents. Mr Moana may have resided with them intermittently. It is possible that his foster parents reside at this address in Victoria.
Mr Moana also provided a number of contact details for his partner and children. In Mr Moana’s ‘Personal Details Form’ attached to his original application, which can be found at exhibit CMS7, page 89 of the affidavit of Mr Smith, is an address in Victoria for Mr Moana’s partner and children and a mobile phone number for his partner. This address can also be found on a letter from the Australian Government Solicitor to Mr Moana at exhibit CMS10, page 135 of the affidavit of Mr Smith. This letter also appears to have been sent to an email address of Mr Moana’s partner.
Within the material in this matter, there can also be found several telephone numbers for previous employers of Mr Moana who provided references in support of Mr Moana’s character. These references and telephone numbers can be found at exhibit CMS9, pages 124 and 127 of the affidavit of Mr Smith.
Whilst these matters do not require any substantive change to the orders, it is appropriate to say that the object of this exercise is plainly to find Mr Moana in order to see whether he wishes to press his application. Nothing I have ordered was intended to discourage the Minister from making obvious and sensible enquiries with those who may know or are related to Mr Moana for knowledge of his whereabouts or contact details.
Thus, I would qualify Order 1 made on 14 May 2019 as follows:
(1)Nothing in Order 1 made on 14 May 2019 is intended to prevent or to discourage the Minister making appropriate enquiries of people in Australia who may know of Mr Moana’s whereabouts or contact details in New Zealand, and the extent to which Order 1 made on 14 May 2019 needs to be complied with may be affected by success in locating Mr Moana through enquiries of the kind referred to above.
I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Chief Justice Allsop. Associate:
Dated: 15 May 2019
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