Tanveer Mehmood and Commonwealth Director of Public Prosecutions
[2013] AATA 204
Administrative Appeals Tribunal
ADMINISTRATIVE APPEALS TRIBUNAL )
)No: 2013/0360
GENERAL ADMINISTRATIVE DIVISION )
Re: Tanveer Mehmood
Applicant
And: Commonwealth Director of Public Prosecutions
RespondentCORRIGENDUM TO DECISION [2013] AATA 204
TRIBUNAL: Senior Member A K Britton
DATE: 10 April 2013
PLACE: Sydney
The Tribunal directs the Registrar, pursuant to subsection 43AA(1) of the Administrative Appeals Tribunal Act 1975, to alter the text of the decision in this application as follows:
Where at paragraph 3 the reasons for decision currently read “In April 2009 the Minister for Immigration issued a criminal justice stay certificate”, the decision shall now read ““In April 2009 the Attorney General issued a criminal justice stay certificate”.
......................[SGD]..........................................
Senior Member A K Britton
[2013] AATA 204
Division GENERAL ADMINISTRATIVE DIVISION File Number(s)
2013/0360
Re
Tanveer Mehmood
APPLICANT
And
Commonwealth Director of Public Prosecutions
RESPONDENT
DECISION
Tribunal Senior Member A K Britton
Date 15 March 2013 Date of written reasons 9 April 2013 Place Sydney Decision Summary
The Tribunal does not have jurisdiction to hear the application.
....................[SGD]....................................................
Senior Member A K Britton
CATCHWORDS
COURTS AND JUDICIAL SYSTEM — Jurisdiction of Tribunal — Decision made by Commonwealth Director of Public Prosecutions — No jurisdiction
LEGISLATION
Administrative Appeals Tribunal Act 1975 (Cth)
Director of Public Prosecution Act 1983 (Cth)
Migration Act 1958 (Cth).- s 147
REASONS FOR DECISION
Senior Member A K Britton
9 April 2013
EDITED EXTRACT OF TRANSCRIPT OF PROCEEDINGS
Mr Tanveer Mehmood seeks review of the decision made by a delegate of the Commonwealth Director of Public Prosecutions (the Director) to suspend “subsistence payments” made to him for the 30 month period from March 2010. A preliminary issue must be decided, that is, whether the Tribunal has power to review that decision. The Tribunal's powers of review do not extend to all decisions made by the Commonwealth but are limited to those where a law or an enactment gives the Tribunal the power to review the subject decision.
The issue I must decide is whether this Tribunal has the power to review the decision made on 24 November 2012 to suspend subsistence payments made to Mr Mehmood (the subject decision). The Administrative Appeals Tribunal Act 1975 (Cth) directs me to answer that question before looking at the merits of the subject decision. With that in mind I will briefly examine the background to the subject decision.
In April 2009 the Minister for Immigration issued a criminal justice stay certificate under s 147 of the Migration Act 1958 (Cth). The Attorney-General exercised that power having formed the view that Mr Mehmood should temporarily remain in Australia for the purpose of the “administration of criminal justice”, in this case, the prosecution of an offence Mr Mehmood was alleged to have committed. As a consequence of the issue of that certificate the Director was required to, and did, provide an undertaking to meet the costs of keeping Mr Mehmood in Australia.
As I understand it, payments were commenced in April 2009 but suspended in March 2010. Apparently the decision to suspend payments was taken because at that time a warrant had been issued for Mr Mehmood’s arrest and his whereabouts were unknown to the Director. Payments were not reinstated until November 2012. It is that decision — the decision to suspend payments between March 2010 to November 2012 — Mr Mehmood seeks to have reviewed.
Having examined both the Migration Act 1958 (Cth) and the Director of Public Prosecution Act 1983 (Cth) I am satisfied that as asserted by the Director’s solicitor, neither confer power on this Tribunal to review the subject decision. Indeed, neither statute gives the Tribunal power to review any decision made by the Director or his delegate. I am unaware of any statute which gives the Tribunal the power to review decisions of the type that Mr Mehmood seeks to challenge.
It may be desirable as Mr Mehmood argues that the AAT was able to review the subject decision. However Parliament has not conferred that power on the AAT. Therefore the Tribunal cannot proceed to review the subject decision and Mr Mehmood’s application must be dismissed under s 42A(4) of the Administrative Appeals Tribunal Act 1975.
I certify that the preceding 6 (six) paragraphs are a true copy of the reasons for the decision herein of Senior Member A K Britton ....................[SGD]....................................................
Associate to Senior Member Britton
Dated 9 April 2013
Date(s) of hearing 15 March 2013 Applicant In person Solicitors for the Respondent Australian Government Solicitor
0
0
0