AFP attended.
Infringement notice issues for contravention of s 234AB(3) – failure to comply with a direction not to use mobile phone. Infringement Notice# R001670.
No further dealings.
17. This Tribunal does not have a 'general review power' and cannot inquire at large into matters that might be of interest. Rather, the Tribunal is conferred powers by other enactments which provide that applications may be made to the Tribunal for review of decisions made under the particular act or legislative instrument.[1]
18. Section 166(1)(b) of the Migration Act 1958 (Cth) (Migration Act) relevantly requires persons (whether Australian citizen or non-citizen) entering Australia to provide ABF officers working at Australia's ports with 'any information' required by the Migration Act or the Migration Regulations 1994 (Cth) (Migration Regulations). This includes that the passenger must complete and provide an incoming passenger card.[2] Failure to complete and provide an incoming passenger card is a strict liability offence under reg 3.08 of the Migration Regulations.
19. Australian citizens who do not complete an incoming passenger card bypass immigration clearance when they leave the port without complying with the requirement to provide the information to a clearance officer.[3]
20. The Migration Act confers merits review rights to this Tribunal in respect of specific decisions made under the Act, namely those relating to visa decision-making and the registration of and disciplining of migration agents.[4] Decisions otherwise made under the Migration Act cannot be reviewed in any court or tribunal save for on judicial review for jurisdictional error or by a collateral challenge in tort.[5]
- ↑ ART Act, ss 12–13; see Re Walthen and Deputy Commissioner of Taxation [2008] AATA 223; (2008) 71 ATR 342 at [25]–[29].
- ↑ Migration Regulations, reg 3.01(3).
- ↑ Migration Act, s 172(4).
- ↑ See Migration Act, ss 136, 306, 311F, 347(1), 500.
- ↑ See Migration Act, s 474; Plaintiff S157/2002 v Commonwealth [2003] HCA 2; (2003) 211 CLR 476; Tang v Minister for Immigration and Citizenship [2013] FCAFC 139; (2013) 217 FCR 55 at [7].
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