Mautner v Minister for Immigration & Citizenship [2009] FCA 1475

FEDERAL COURT OF AUSTRALIA

Mautner v Minister for Immigration & Citizenship [2009] FCA 1475

MIGRATION – Australian Citizenship (Transitionals and Consequentials) Act 2007 (Cth) – Sch 3 – Items 7(8)(1) and 7(8)(4) – insufficient evidence to support application - Tribunal declined to exercise discretion – whether Tribunal required to invite applicant to provide additional evidence PRACTICE AND PROCEDURE – application of rule in Browne v Dunn to proceedings before Administrative Appeals Tribunal Administrative Appeals Tribunal Act 1975 (Cth) Australian Citizenship (Transitionals and Consequentials) Act 2007 (Cth) Migration Act 1958 (Cth)

3D Scaffolding Pty Limited v Commissioner of Taxation (2008) 105 ALD 475 3D Scaffolding Pty Limited v Commissioner of Taxation [2009] FCAFC 75 Browne v Dunn (1894) 6 R 67 Haberfield v Department of Veterans Affairs as delegate for Comcare (2002) 121 FCR 233 Hyhonie Holdings Pty Ltd v Leroy [2003] NSWSC 624 Jagelman v Federal Commissioner of Taxation (1995) 31 ATR 463 Lawrance v Centrelink (2005) 88 ALD 664 Mautner v Minister for Immigration and Citizenship [2008] AATA 1041 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration, Local Government and Ethnic Affairs v Roberts (1993) 41 FCR 82 In Re Ruddock; Ex parte Applicant S154/2002 (2003) 201 ALR 437 Sullivan v Department of Transport (1978) 20 ALR 323 West v Mead [2003] NSWSC 161 PETER MAUTNER v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

NSD 1967 of 2008

STONE J

11 DECEMBER 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1967 of 2008

General Division

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: PETER MAUTNER

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP