Auro v Minister for Immigration and Multicultural Affairs [2007] FCA 1857

FEDERAL COURT OF AUSTRALIA

Auro v Minister for Immigration and Multicultural Affairs [2007] FCA 1857

MIGRATION – appeal from a decision of a Federal Magistrate reviewing a decision of the Migration Review Tribunal – application for a fee waiver before Tribunal – whether jurisdictional error – whether severe financial hardship – whether evidence of appellant's estranged defacto partner's financial situation a relevant consideration –failure to provide sufficient evidence in support of application for a fee waiver – whether the fact that the appellant was due to commence work a relevant factor – whether decision made by an authorised officer under Migration Regulations – whether proper notice given of the decision of the authorised officer Held: Appeal dismissed. It was reasonable for the Tribunal to have not reached a state of satisfaction which favoured the claim of the appellant in circumstances where the appellant did not provide the material sought by the Tribunal in support of her application for a fee waiver. The material sought by the Tribunal was probative material upon which it would make decisions and the appellant was on notice that the Tribunal placed importance on receiving that documentary evidence. The findings of the Tribunal as to the relevance of the appellant's estranged defacto partner's financial situation and her commencing in employment were open to it. The irregularity of the communication of the decision of the Tribunal did not compromise the validity of the decision.

Migration Act 1958 (Cth) s 474(2) Migration Regulations 1994 (Cth) reg 4.13(4)

Abebe v Commonwealth (1999) 197 CLR 510 cited Andary v Minister for Immigration & Multicultural Affairs [2003] FCAFC 211 considered Andary v Minister for Immigration & Multicultural Affairs [2004] HCA Trans 242 considered Associated Provincial Picture Houses Ltd vWednesbury Corporation [1948] 1 KB 223 considered Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Braganza v Minister for Immigration & Multicultural Affairs (2001) 109 FCR 364 cited David Jonathon Walsh v Mike Garrett [1998] 473 FCA cited Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited Minister for Immigration and Multicultural and Indigenous Affairs v QAAH (2007) 231 ALR 340 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited NAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 76 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 applied re Minister for Immigration and Multicultural Affairs, ex parte Cassim [2000] HCA 50 cited Roncevich v Repatriation Commission (2005) 218 ALR 733 cited Sochorova v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 817 applied WAIJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 74 cited