Sheejo v Minister for Immigration and Multicultural Affairs [2001] FCA 1708

Sheejo v Minister for Immigration and Multicultural Affairs [2001] FCA 1708

The application was dismissed because the material before the departmental officer, including the applicant's association with a tour group whose members admitted it was formed to bring people to Australia to work, the payment of $A12,000.00, the identification of the applicant as an organiser, and his lack of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 November 2001
Procedural Posture
Migration Application for Injunction, Certiorari and Declaration / Application Before the Federal Court of Australia
Outcome
Application dismissed with costs.
Legal Topics
['cancellation of Temporary Visa' 'non Genuine Tourist' 'injunction to Restrain Removal From Australia' 'jurisdictional Error' 'privative Clause' 'natural Justice']
['migration Law' 'administrative Law'] ['cancellation of Temporary Visa' 'non Genuine Tourist' 'injunction to Restrain Removal From Australia' 'jurisdictional Error' 'privative Clause' 'natural Justice']

Source-derived case record

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Procedural Posture

Migration Application for Injunction, Certiorari and Declaration / Application Before the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the respondent or his agents or delegates should be restrained from removing the applicant from Australia until further order of the Court.' "Whether the decision made at Sydney airport on or about 15 November 2001 purporting to cancel the applicant's visa should be quashed by certiorari." 'Whether there was no evidence upon which the respondent could be satisfied that the applicant was not a bona fide visitor to Australia.' 'Whether the departmental officer committed jurisdictional error by making a decision without probative evidence or outside the prescribed grounds in Migration Regulations 1994 (Cth) reg 2.43(1)(i) and (j).' 'Whether the Federal Court continued to have jurisdiction in light of Migration Act 1958 (Cth) s 474.']

Ratio Decidendi

The application was dismissed because the material before the departmental officer, including the applicant's association with a tour group whose members admitted it was formed to bring people to Australia to work, the payment of $A12,000.00, the identification of the applicant as an organiser, and his lack of knowledge of the tour itinerary, provided a sufficient basis for the officer reasonably to be satisfied that the applicant was not a genuine tourist and did not have the prescribed intentions. There was also no foundation for a prima facie denial of natural justice.

Court Disposition

Application dismissed with costs.

Orders

  • ['Application be dismissed.' "Applicant to pay the Respondent's costs of the application."]