FEDERAL COURT OF AUSTRALIA

Koosasi v Minister for Immigration and Multicultural Affairs [2006] FCA 1260

CORRIGENDUM

BUDI SOESANTO KOOSASI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NSD 571 OF 2006

BRANSON J

21 SEPTEMBER 2006 (corrigendum 25 september 2006)

SYDNEY

Corrigendum

1                     Replace par 24 with the following:

The respondent submitted that the Tribunal’s references in [41] to the absence of repeat orders and contracts for future transactions and to the lack of evidence suggesting that Great Bamboo would continue to trade in a repetitive and continuous manner addressed the position both at the date of cancellation and prospectively from that date. I do not accept that submission. As I read [41] of the Tribunal’s reasons for decision, the sentence ‘nothing in the evidence gave any reason to believe that Great Bamboo would continue to trade in a repetitive or continuous manner’ records a conclusion reached by the Tribunal on the basis of the factors earlier identified by it in the same paragraph. It is a conclusion which is expressed in terms which look to the future. If, as I have found, it was not used to support a finding that the enterprise of Great Bamboo was not a ‘business’, it could only have been relied on to support a finding as to the likely future activity of Great Bamboo. Support for this reading of [41] can be found in the fact that Great Bamboo had, as the Tribunal had earlier noted, been a party to an export transaction on 5 April 2005. As that was only approximately five weeks before the date of the cancellation decision, the significance of this transaction would have required consideration in the context of any finding that the enterprise of Great Bamboo was not resulting in, for example, the export of Australian goods (outcome (c) of the definition of ‘eligible business’).

I certify that the preceding one (1) paragraph is a true copy of the Corrigendum to the Reasons for Judgment of the Hon Justice Branson.

Associate:

Dated: 25 September 2006