Rokobatini v Minister for Immigration & Summary

FEDERAL COURT OF AUSTRALIA
Rokobatini v Minister for Immigration &
Multicultural Affairs [1999] FCA 491
EPINISA TIKO ROKOBATINI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 136 OF 1999
EMMETT J
19 APRIL 1999
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 136 OF 1999

BETWEEN:

EPINISA TIKO ROKOBATINI
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent

JUDGE:

EMMETT J

DATE:

19 APRIL 1999

PLACE:

SYDNEY

EX TEMPORE REASONS FOR JUDGMENT (NO. 1)

The applicant seeks to read an affidavit of the Reverend Tevita Vuli in support of the appeal. The affidavit is by a witness who gave evidence before the Tribunal. The witness says that at the time when the case was heard, he was under extreme pressure and stress. When his evidence at the Tribunal was restricted and limited to questions and answers, he was unhappy and not satisfied, as he wanted to say more. He says that he did not feel that he had the opportunity to make a complete statement in support of the applicant.
Following the hearing, the deponent composed a further statement and sent it to the Tribunal. However, the statement was received by the Tribunal after it gave its decision. Counsel for the applicant said that evidence of that nature is in some way relevant to the question of whether, if I determined that the matter should be remitted to the Tribunal for further hearing, I should permit further evidence to be received by the Tribunal.
The material in the affidavit is not relied upon as a ground of appeal. Nor is it relied on as supporting, in any way, any of the grounds presently relied on. The affidavit was originally filed in support of the ground of denial of procedural fairness, which has now been abandoned. I do not consider that the affidavit is relevant to the issues which I have to decide, and accordingly, I reject the affidavit.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.
Associate:
Dated: 19 April 1999

Counsel for the Applicant: M.B. Smith

Solicitor for the Applicant: Ron Kessels

Counsel for the Respondent: G.T. Johnson

Solicitor for the Respondent: Australian Government Solicitor

Date of Hearing: 19 April 1999

Date of Judgment: 19 April 1999

CaseChat Overview and Summary

In this case, Epinisa Tiko Rokobatini, the applicant, sought to have an affidavit of Reverend Tevita Vuli admitted in support of an appeal against a decision of the Minister for Immigration and Multicultural Affairs. The matter was heard in the Federal Court of Australia, with Justice Emmett presiding. The respondent, the Minister for Immigration and Multicultural Affairs, opposed the introduction of the affidavit. The central issue before the court was whether the affidavit, which was filed after the Tribunal had made its decision and which was not relied upon as a ground of appeal or supporting any of the grounds presently relied on, was relevant to the issues that the court had to decide. Specifically, the court needed to determine if the affidavit was relevant to the question of whether, if the matter were to be remitted to the Tribunal for further hearing, the Tribunal should be permitted to receive further evidence.

Justice Emmett found that the affidavit was not relevant to the issues he had to decide, primarily because it was not relied upon as a ground of appeal or in support of any of the grounds presently relied on. Furthermore, the affidavit was originally filed in support of the ground of denial of procedural fairness, which had since been abandoned. The court held that the affidavit did not pertain to the matters the court needed to address, and therefore rejected it. In his reasons for judgment, Justice Emmett clearly outlined that the affidavit did not assist in determining the issues at hand and was, therefore, not admissible in the context of the appeal.

Rokobatini v Minister for Immigration &

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	N 136 OF 1999

BETWEEN:	EPINISA TIKO ROKOBATINI Applicant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent

JUDGE:	EMMETT J
DATE:	19 APRIL 1999
PLACE:	SYDNEY

Counsel for the Applicant:	M.B. Smith
Solicitor for the Applicant:	Ron Kessels
Counsel for the Respondent:	G.T. Johnson
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	19 April 1999
Date of Judgment:	19 April 1999