Minister for Immigration and Citizenship v Le [2007] FCA 1318

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v Le [2007] FCA 1318

MIGRATION LAW – appeal from decision of Federal Magistrate – whether any appealable error – whether Migration Review Tribunal complied with its obligations under s 360 of the Migration Act 1958 (Cth) – burden of proof on judicial review – whether negligence of migration agent established – relevance of s 361 of the Migration Act 1958 (Cth) – effect of mistranslation of sponsor's statement to interviewing officer where interviewing officer also the delegate – whether supposed admissions made – whether perception of interviewing officer/delegate seriously mistaken on account of mistranslation – Tribunal relied on account of interviewing officer/delegate – whether the Tribunal acted unreasonably in failing to make enquiries of interviewing officer/delegate – exceptional case – finding of jurisdictional error upheld

Migration Act 1958 (Cth), ss 314, 360, 361 Migration Regulations 1994 (Cth), reg 1.15A Migration Agents Regulations 1998 (Cth)

Le v Minister for Immigration & Anor [2007] FMCA 427 discussed Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 cited Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 552 referred to Minister for Immigration and Multicultural Affairs v SZFDE (2006) 154 FCR 356 referred to SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 592 referred to Sok v Minister for Immigration and Citizenship [2007] FCA 413 distinguished Rose v Bridges (1997) 79 FCR 378 distinguished Warren v Coombes(1979) 142 CLR 531 cited Fox v Percy (2003)214 CLR 118 cited Minister for Immigration and Multicultural Affairs v SZFDE (2006) 154 FCR 356 referred to SZFDE v Minister for Immigration and Multicultural Affairs [2007] HCA 35 referred to Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12 referred to Minister for Immigration and Multicultural and Indigenous Affairs v VSAF [2005] FCAFC 73 referred to SBBA v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 90 referred to Mohammed v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 47 referred to SJSB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 225 referred to WAGJ v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 277 referred to NBDF v Minister for Immigration and Multicultural Affairs [2006] FCA 1355 referred to Tide Sequence Industries Pty Ltd v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 145 FCR 155 referred to Hong v Minister for Immigration and Indigenous Affairs [2004] FCA 1308 referred to NAYU v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 528 referred to Rahman v Minister for Immigration & Multicultural Affairs [2000] FCA 1277 referred to Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 referred to Kabir v Minister for Immigration and Multicultural Affairs (2001) 184 ALR 295 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Cassim (2000) 175 ALR 209 referred to Minister for Immigration and Ethnic Affairs v Singh (1997) 74 FCR 553 referred to Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 15 discussed Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 referred to Applicant M17 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1364 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 applied Craig v The State of South Australia (1995) 184 CLR 163 referred to Parramatta City Council v Pesell (1972) 128 CLR 305 referred to Attorney-General (New South Wales) v Quin (1990) 170 CLR 1 referred to Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 referred to Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred to Abebe v Commonwealth (1999) 197 CLR 510 referred to Corporation of the City of Einfield v Development Assistance Commission (2000) 199 CLR 135 referred to Re Minister for Immigration and Multicultural Affairs Ex parte Lam (2003) 214 CLR 1referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 referred to Videto v Minister for Immigration and Ethnic Affairs (1985) 8 FCR 167 discussed Luu v Renevier (1989) 91 ALR 39 discussed Detsongjarus v Minister for Immigration and Ethnic Affairs (1990) 21 ALD 139 referred to Tickner v Bropho (1993) 40 FCR 183 referred to Ahamed v Minister for Immigration and Multicultural Affairs [2000] FCA 1325 referred to Yang v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 132 FCR 571 discussed Li v Minister for Immigration and Multicultural Affairs (1997) 74 FCR 275 referred to Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 cited Azzi v Minister for Immigration and Multicultural Affairs (2002) 120 FCR 48 referred to SZEGT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1514 cited Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 referred to Foxtel Management Pty Ltd v Australian Competition and Consumer Commission (2000) 173 ALR 362 referred to NAZH v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCA 5 referred to