FEDERAL MAGISTRATES COURT OF AUSTRALIA
| NATION v MINISTER FOR IMMIGRATION | [2005] FMCA 620 |
| MIGRATION – Tourism visa cancelled by Minister’s delegate – application made to Court and not to Migration Review Tribunal – discretion to decline to exercise jurisdiction where statutory scheme for review ignored – notice of cancellation and alleged inadequacy of grounds – alleged bad faith of delegate. |
| Judiciary Act 1903, s.39B Migration Act 1958, ss.41(1), 116, 116(1)(g), 119, 120, 192, 338, 338(3), 347, 349(1), 349(2), 353, 476, 476(1) |
| Plaintiff S157/2002 v the Commonwealth [2003] 211 CLR 476; McGowan v Migration Agents [2003] 129 FCR 118 Krummery v MIMIA [2005] FMCA 264 Wang v MIMIA [2000] FC 167 Zubair v MIMIA [2004] FCA FC 248 William Tien v MIMIA (1998) 89 FCR 80 MIMIA v Eshetu (1999) 197 CLR 611 S106/2002 v MIMIA 198 ALR 59 Re Family Court of Australia; ex parte Herbert (1992) FLC 92-280 Dranichnikov v MIMIA [2003] HCA 26 Tooth & Co Ltd v Council of City of Parramatta (1995) 97 CLR 492 Re Minister for Immigration and Multicultural Affairs (2001) 206 CLR 57 R v Falmouth ex parte South West Water Ltd SBBS v MIMIA [2002] FCA FC 36 Goldie v The Commonwealth [2002] FCA FC 100 |
| Applicant: | JONATHAN PAUL NATION |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File Number: | ADG 21 of 2005 |
| Judgment of: | Lindsay FM |
| Hearing date: | 12 April 2005 |
| Delivered at: | Adelaide |
| Delivered on: | 13 May 2005 |
REPRESENTATION
| Counsel for the Applicant: | Mr Patel |
| Solicitors for the Applicant: | Patel & Co |
| Counsel for the Respondent: | Mr Roder |
| Solicitors for the Respondent: | Sparke Helmore |
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT ADELAIDE |
ADG 21 of 2005
| JONATHAN PAUL NATION |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
Introduction
This is an application pursuant to s.39B of the Judiciary Act 1903, seeking judicial review of a decision of a delegate of the Minister made on 4 February 2005. That decision cancelled the applicant's subclass 976 visa.
The applicant has not sought relief in the Migration Review Tribunal under Part 5 of the Migration Act (hereinafter "the Review procedure"). There was no dispute that the delegate's decision was reviewable by the Tribunal (see s.338 of the Migration Act 1958, hereinafter called "the Act"). It is also agreed that the time for filing such a review has now expired (see s.347 of the Act) and that no power to extend that time is available.
The jurisdiction of this Court pursuant to s.483A of the Act is the same jurisdiction of the Federal Court in relation to a matter arising under this Act, that jurisdiction relevantly being the Federal Court's judicial review jurisdiction under s.39B of the Judiciary Act1903 (Cth) subject to limitations under Part 8 of the Migration Act.
Mr Patel for the applicant put to me, and I accept, that those limitations, as interpreted by the High Court in Plaintiff S157/2002 v the Commonwealth [2003] 211…
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- Case
- [2005] FMCA 620
- Decision Date
CaseChat Overview and Summary
The final orders of the Court were as follows:
1. The application for judicial review is dismissed.
2. The respondent is to pay the applicant's costs of the application, to be taxed if not agreed.
Orders
Orders of the court
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Background
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Evidence
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Decision
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