FEDERAL CIRCUIT COURT OF AUSTRALIA
| SANTOS & ANOR v MINISTER FOR HOME AFFAIRS & ANOR | [2019] FCCA 2381 |
| Catchwords: MIGRATION – Administrative Appeals Tribunal – student (temporary) (class TU) subclass 500 visa – Ministerial Direction No. 69 – whether the Tribunal was in error in failing to provide an interpreter – whether Tribunal considered all factors specified in the Direction 69 – No jurisdictional error on part of Tribunal – application dismissed. |
| Legislation: Migration Regulations 1994 (Cth), Sch. 2 cls.500, 500.211, 500.212, 500.212(a) |
| First Applicant: | GUSTAVO COLOMBO SANTOS |
| Second Applicant | CAROLINA PINHEIRO BONNEL |
| First Respondent: | MINISTER FOR HOME AFFAIRS |
| Second Respondent: | ADMINISTRATIVE APPEALS TRIBUNAL |
| File Number: | CAG 29 of 2018 |
| Judgment of: | Judge Tonkin |
| Hearing date: | 22 and 26 March 2019 |
| Date of Last Submission: | 1 May 2019 |
| Delivered at: | Brisbane |
| Delivered on: | 30 August 2019 |
REPRESENTATION
| Solicitors for the Applicant: | Self-Represented |
| Solicitors for the Second Applicant: | Self-Represented |
| Counsel for the Respondents: | Mr Kay Hoyle |
| Solicitors for the Respondents: | Clayton Utz |
ORDERS
The application is dismissed.
The first respondent file and serve short written submissions (two pages) for costs within 7 days from the date of this order.
The applicant file and serve short written submissions (two pages) in response on or before 13 September 2019.
If the first respondent fails to file within the specified period, there shall be no order for costs.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT CANBERRA |
CAG 29 of 2018
| GUSTAVO COLOMBO SANTOS |
First Applicant
| CAROLINA PINHEIRO BONNEL |
Second Applicant
And
| MINISTER FOR HOME AFFAIRS |
First Respondent
| ADMINISTRATIVE APPEALS TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
Introduction
This is an application for judicial review pursuant to section 476 of the Migration Act 1958 (Cth) (“the Act”) that the first respondent show cause. The applicant seeks to review the decision of the Administrative Appeals Tribunal (“the Tribunal”) on 26 March 2018 affirming the decision of a delegate of…
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- Case
- [2019] FCCA 2381
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the Tribunal had committed jurisdictional error by failing to provide an interpreter to the applicant, and whether the Tribunal had failed to consider all relevant factors as mandated by Ministerial Direction No. 69 when assessing the visa application.
Judge Tonkin found no jurisdictional error on the part of the Tribunal. The court reasoned that the applicant had not demonstrated that he required an interpreter, nor had he requested one. Furthermore, the court was satisfied that the Tribunal had indeed considered all the factors specified in Ministerial Direction No. 69. Consequently, the application for judicial review was dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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