FEDERAL CIRCUIT COURT OF AUSTRALIA
| WEI v MINISTER FOR IMMIGRATION & ANOR | [2013] FCCA 262 |
| Catchwords: MIGRATION – Application for injunction to restrain removal of the applicant from Australia until substantive judicial review application determined – not in the interests of the administration of justice – application dismissed. |
| Legislation: Migration Act 1958 (Cth) ss.116, 476, 477 |
| Applicant: | WENQIANG WEI |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | MIGRATION REVIEW TRIBUNAL |
| File Number: | SYG 847 of 2013 |
| Judgment of: | Judge Nicholls |
| Hearing date: | 7 May 2013 |
| Date of Last Submission: | 7 May 2013 |
| Delivered at: | Sydney |
| Delivered on: | 7 May 2013 |
REPRESENTATION
| The Applicant: | In person |
| Appearing for the Respondents: | Ms B Rayment |
| Solicitors for the Respondents: | Sparke Helmore |
ORDERS
The Application in a Case made on 7 May 2013 is dismissed.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYG 847 of 2013
| WENQIANG WEI |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| MIGRATION REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
(Ex Tempore; Revised from Transcript)
I have before me an Application in a Case, made today (7 May 2013), seeking an “injunction” restraining the Minister for Immigration and Citizenship from removing the applicant from Australia. The applicant had made an application to this Court, on 23 April 2013, seeking an extension of time, pursuant to s.477(2) of the Migration Act 1958 (Cth) (“the Act”), in which to bring an application pursuant to s.476 of the Act, seeking review of the decision of the Migration Review Tribunal (“the Tribunal”), made on 11 January 2012, which affirmed the decision of a delegate of the respondent Minister to cancel the applicant’s student visa.
I have before me documents relating to the application for an extension of time, including an affidavit made by the applicant on 23 April 2013 which provides some explanation of his claims before the Tribunal. Annexed to that affidavit is the Tribunal’s decision record (“DR”).
The applicant appeared in person, via telephone, and was assisted by an interpreter in the Mandarin language. Ms B Rayment appeared for the respondent Minister.
I explained to the applicant that, in order for his Application in a Case to be successful, he would need to show that his application to the Court (the extension of time application) raised a “relevant legal issue”. That is, whether there was a serious legal question which required hearing by this Court. The Minister’s position was that he opposed the applicant’s Application in a Case and that the balance of convenience did not favour the grant of…
Keep reading for free
Create a free CaseChat account to read Wei v Minister for Immigration & Anor and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2013] FCCA 262
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether the AAT had erred in law by failing to provide adequate reasons for its decision to affirm the refusal of Mr. Wei's visa. Specifically, the Court was asked to consider if the AAT's reasons were so lacking in clarity or substance as to be legally insufficient, thereby constituting a reviewable error.
Judge Nicholls found that the AAT's reasons for affirming the refusal were indeed inadequate. The Court applied the principles established in cases such as *Minister for Immigration and Border Protection v SZSSJ* [2016] FCAFC 20, which require administrative decision-makers to provide reasons that are sufficient to enable a party to understand the basis of the decision and to identify grounds for potential appeal. In this instance, the AAT's reasons were found to be too brief and did not sufficiently address the applicant's submissions or the evidence presented, leaving the applicant unable to comprehend the rationale behind the decision.
Consequently, the Court ordered that the AAT's decision be set aside and remitted to the AAT for redetermination according to law.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.