Hanna v DIMIA [2004] NSWCA 275

New South Wales Court of Appeal

CITATION : Hanna v DIMIA [2004] NSWCA 275 HEARING DATE(S) : 13 May 2004 JUDGMENT DATE : 11 August 2004

JUDGMENT OF : Santow JA at 1; Bryson JA at 40; McClellan AJA at 41 DECISION : Summons dismissed with costs.

CATCHWORDS : ADMINISTRATIVE LAW - Applicant was a registered migration agent between 9 June 1994 to 9 June 1999 - applicant had advertisements in El-Massry continuously since 1997 - cheques dishonoured - registration as migration agent lapses - charges of advertising when not registered migration agent - applicant seeks by summons judicial review to set aside, stay permanently or otherwise quash or dismiss conviction made in the Local Court, together with decision of District Court declining to set aside conviction on appeal - relief sought pursuant to s69 Supreme Court Act, 1970 - whether inconsistency of prior acquittal of charge under s283 Migration Act 1958 and conviction under charge pursuant to s284 of that Act, was an affront to logic and commonsense so that conviction should be quashed - appeal as of right to District Court - whether application incompetent and would have no merit in any event - jurisdictional error or error of law on the face of the record. Crimes (Local Courts Appeal and Review) Act 2001 Pt 5; s53 Criminal Appeal Act 1912 s5B LEGISLATION CITED : Justices Act Pt 5A; s120 Migration Act 1958 s283; s284 Supreme Court Act, 1970 s69 Supreme Court Rules Pt 40 r1; Pt 54 r2 Australian & Investment Commission v Farley (2001) 51 NSWLR 494 CASES CITED : Craig v South Australia (1995) 184 CLR 163 Fox v Percy (2003) 197 ALR 201 MacKenzie (1996) 90 A Crim R 468 PARTIES : Fayez Philippe HANNA (Applicant) DEPARTMENT OF IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS (DIMIA) (Respondent) FILE NUMBER(S) : CA 41212/03 COUNSEL : Applicant (in person) G FARMER (Respondent) SOLICITORS : Commonwealth Director of Public Prosecutions (Respondent)