Mubarak, Osama v Minister for Immigration and Multicultural Affairs

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG 805 of 1998

BETWEEN:

OSAMA MUBARAK
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT

JUDGES:

LINDGREN J

DATE:

8 DECEMBER 1998

PLACE:

SYDNEY

REASONS FOR JUDGMENT
(ex tempore)

The applicant, who appears unrepresented, appeals from a decision of the Administrative Appeals Tribunal (“the Tribunal”) given on 9 July 1998 which affirmed a decision of a delegate of the respondent Minister under s 200 of the Migration Act 1958 (Cth) to deport the applicant. In his notice of appeal, the applicant specifies the “question of law” as “deportation from Australia” and the “orders sought” as “staying in Australia on humanitarian grounds”.

The applicant told me that he was awaiting travel documents so that he could “make departure from Australia”. He applied for an adjournment of the hearing. I refused that application on the ground that the proceeding was futile since the applicant did not raise any question of law affecting the Tribunal’s decision: see s 44 of the Administrative Appeals Tribunal Act 1975 (Cth).

It seems clear that what the applicant seeks is some kind of indulgence from the Department of Immigration and Multicultural Affairs in relation to his obtaining a visa to enable him to enter another country.

I should add that I have read carefully the Tribunal’s Reasons for Decision and no question of law arising from them is obvious to me.

The Court orders that:

The application be dismissed.

The applicant pay the respondent’s costs.

I certify that this and the preceding one (1) pages are a true copy of the Reasons for Judgment herein of the Honourable Justice Lindgren

Associate:

Dated: 8 December 1998

The applicant appeared in person

Counsel for the Respondent: Mr R Beech-Jones

Solicitor for the Respondent: Australian Government Solicitor

Date of Hearing: 8 December 1998

Date of Judgment: 8 December 1998

CaseChat Overview and Summary

The matter before the Federal Court was an appeal by Osama Mubarak against a decision of the Administrative Appeals Tribunal that affirmed a decision by a delegate of the Minister for Immigration and Multicultural Affairs to deport him. Mubarak sought a stay of the deportation on humanitarian grounds. Mubarak appeared unrepresented and did not raise any question of law that would affect the Tribunal’s decision, leading to the court finding the appeal futile. The applicant's primary concern appeared to be securing travel documents to leave Australia, but this did not constitute a legal question that could be reviewed by the court.

The central legal issue before the court was whether the applicant had raised any question of law that would affect the Tribunal’s decision, thereby justifying the appeal. The court found that no such question was apparent from the Tribunal's reasons for its decision. The court considered that Mubarak's appeal did not challenge the merits of the Tribunal's decision but rather sought to persuade the Department of Immigration and Multicultural Affairs to grant him a visa to enter another country. The court held that such a matter was outside the scope of judicial review under the Administrative Appeals Tribunal Act 1975.

The court dismissed the appeal, finding it to be futile as Mubarak did not raise any legal issue that would impact the Tribunal’s decision. The court also ordered Mubarak to pay the respondent's costs. The decision was based on the clear interpretation of the applicable legislation and the absence of any legal error by the Tribunal that could be addressed through judicial review.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 805 of 1998

BETWEEN:	OSAMA MUBARAK APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGES:	LINDGREN J
DATE:	8 DECEMBER 1998
PLACE:	SYDNEY

The applicant appeared in person
Counsel for the Respondent:	Mr R Beech-Jones
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	8 December 1998
Date of Judgment:	8 December 1998