Susaki v Minister for Immigration & Multicultural Affairs [1999] FCA 196

FEDERAL COURT OF AUSTRALIA

Susaki v Minister for Immigration & Multicultural Affairs [1999] FCA 196 MIGRATION – application to review decision of Immigration Review Tribunal affirming a decision to refuse applicant a Subclass 805 (Skilled) Visa – late lodgment of visa application – Tribunal member found lateness not because of factors beyond applicant's control – whether decision induced or affected by fraud of applicant's migration agent – failure to observe required procedures – notification of entitlement to appear – whether failure to notify applicant of her entitlement to present arguments at hearing – advice to applicant that applicant's assistant not "entitled" to make oral submissions – whether failure to disclose matters required to be disclosed – decision making Tribunal member different from member constituting Tribunal at hearing – new member directed to conduct review "on papers" – whether request to adopt an approach contrary to procedural requirements of Migration Act 1958 (Cth) – discretion – whether remittal to Tribunal futile

WORDS AND PHRASES – "fraud" – "review on the papers" – "futile" Migration Act 1958 (Cth) ss 355, 359, 360, 361(1), 366A, 476(1)(a), 476(1)(f), 481(1) Migration Regulations Schedule 3 criterion 3004

Slayman v Minister for Immigration and Multicultural Affairs (Foster J, Federal Court of Australia, 12 August 1997, unreported) cited Wati v Minister for Immigration and Ethnic Affairs (1996) 71 FCR 103 cited Bedwell v Minister for Immigration, Local Government and Ethnic Affairs (1993) 33 ALD 368 cited Nguyen v Minister for Immigration and Multicultural Affairs (Merkel J, Federal Court of Australia, 16 October 1998, unreported) cited

YOKO SUSAKI v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 872 OF 1998

LEHANE J

10 MARCH 1999

SYDNEY