Vaitaiki v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 114

FEDERAL COURT OF AUSTRALIA Vaitaiki v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 114 IMMIGRATION – Administrative Appeals Tribunal – whether decision affirming the decision of a delegate of the Minister refusing application for a Short Stay Medical visa is a "privative clause decision" within s 474 of the Act Administrative Appeals Tribunal Act 1975 (Cth) s 44 Migration Act 1958 (Cth) s 200, 234, 474, 483, 499(2), 500(GH), 500(GJ), 500(1)(b), 501, 501(6)(c), 501(7) Judiciary Act 1903 (Cth) s 39B Plaintiff S157/2002 v Commonwealth of Australia (2003) HCA 2 referred to Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 applied TEVITA VAITAIKI v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 1276 OF 2002 HELY J 28 FEBRUARY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1276 OF 2002

BETWEEN: TEVITA VAITAIKI

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 28 FEBRUARY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1276 OF 2002

BETWEEN: TEVITA VAITAIKI

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HELY J

DATE: 28 FEBRUARY 2003

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is or purports to be an appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) from a decision of Deputy President Block which affirmed a decision of the Minister's delegate to refuse an application by the applicant for a Medical Treatment (Temporary) Short Stay (Class 675) visa ("the medical visa"). The matter came before the Administrative Appeals Tribunal ("the AAT") under s 500(1)(b) of the Migration Act 1958 (Cth) ("the Act"). 2 The application was refused by the Minister's delegate under s 501 of the Act on the grounds that the applicant has a substantial criminal record (s 501(7)) and on the ground that the applicant is not a person of good character (s 501(6)(c)).