Christanty v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] FCA 1360

FEDERAL COURT OF AUSTRALIA

Christanty v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] FCA 1360 Citation: Christanty v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] FCA 1360 Appeal from: Christanty v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] AATA 497 Parties: ENNY CHRISTANTY v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

File number: NSD 1253 of 2012

Judge: KATZMANN J

Date of judgment: 30 November 2012

Catchwords: ADMINISTRATIVE LAW – Appeal from Administrative Appeals Tribunal – whether amended notice of appeal discloses a question of law – applicant disputed Tribunal's conclusion that she is the subject of an Assurance of Support – whether appeal should be summarily dismissed because it has no reasonable prospects of successfully prosecuting the appeal

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Federal Court of Australia Act 1976 (Cth) ss 31A, 37M Migration Regulations 1994 (Cth) Sch 2, cl 143.228 Social Security Act 1991 (Cth) ss 1061ZZGA, 1061ZZGEA, 1061ZZGF Social Security (Assurances of Support) (DEEWR) Determination 2008 ss 17, 18

Cases cited: Birdseye v Australian Securities and Investments Commission (2003) 76 ALD 321; [2003] FCAFC 232 Board of Trustees v Edington (2011) 119 ALD 472; [2011] FCAFC 8 Comcare v Etheridge (2006) 149 FCR 522 Federal Commissioner of Taxation v Crown Insurance Services Ltd [2012] FCAFC 153 Khan v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] FCA 1060 Sharp Corporation of Australia Pty Ltd v Collector of Customs (1995) 59 FCR 6 Spencer v Commonwealth (2010) 241 CLR 118