System Message:

Christopher Levingston Blog

Australian Immigration Law blog

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
    Login Login form
Posted by on in General
  • Font size: Larger Smaller
  • Hits: 2117

Is Dutton fit to sit?

Dear Colleagues,

I have just launched a crowd funding page to fund an action in the High Court to ventilate the constitutional argument that the Minister (Peter Dutton) may be disqualified from sitting in the Federal Parliament.

The argument is, in general terms, as follows:

If there is a decision of the High Court and it is in favour of the propositions advanced above then I think it is fair to say it is likely to have widespread implications where the Minister has exercised powers personally.

Can you support this campaign? 


Last modified on
Rate this blog entry:


  • Guest
    john Wednesday, 03 October 2018

    I believe Malcolm Turnbull should fund the litigation as Dutton's child care centre got the funding when he was the PM and Dutton get rid of him as PM. Why the general public should fund it?

  • Alan-Collett
    Alan-Collett Wednesday, 03 October 2018

    Respectfully Christopher, this is verging on political mischief making and IMHO ought not be in the domain of a body holding itself out as representing the interests of registered migration agents.

    Indeed, as a member of the Migration Alliance it gives me significant concerns that the notice board is being used to seek funding for the proposed action.

    I invite you to consider taking down this notice.

    Best regards.

  • Guest
    John Corbett Wednesday, 03 October 2018

    There is no compulsion.....

  • Guest
    Graham Paddington Thursday, 04 October 2018

    I believe what Chris is doing (and I am not attempting or pretending to speak on his behalf), is to look beyond the tip of his nose, and to consider the potential ramifications for our profession, in the event that Dutton was found to be ineligible to sit. Therefore, as it is a matter that relates directly to our profession, I have difficulty in accepting your logic, that it is not representing the interests of registered migration agents? In addition, and on a slightly different note, let's not forget that it was Dutton, and still is Pezzullo, who was, and is, doing everything they can to put us out of business. Please refer MIA National President Message, 10 September 2015

  • Christopher Levingston
    Christopher Levingston Thursday, 04 October 2018

    Thank you for the feedback.
    This is not about political mischief making, this is all about the Minister potentially being under a constitutional disability to sit in Parliament.
    This issue has not been ventilated by his party because, I presume, they apprehend some risk associated with a referral. Why should my client sit on his hands and let the Minister have his way if there is a possibility that the threshold exercise of power was tainted at some level.
    As to the use of the MA "noticeboard" I have exactly the same access as any Member and I standby this campaign as being in the national interest. We all have an interest in the Australian Constitution.

  • Guest
    Mark Ryan Monday, 08 October 2018

    It's your implied right to political communication. Great idea! Let's find out if our political representatives are complying with the constitution. If not he can get another job.

  • Christopher Levingston
    Christopher Levingston Thursday, 04 October 2018

    By the way the Blog has been reported by some coward ( probably a complete nutbag) who says " I am going to sue you bitch"....bring it on!

  • Guest
    Anonymous Saturday, 06 October 2018

    Maybe someone wanting to get an au pair?

  • Guest
    Boris Vercetii Thursday, 04 October 2018

    dutton should be taken out of parliament, he is not eligible to sit in there and he is causing australia so many problems with cancelling visas and etc

  • Guest
    MAgent Thursday, 04 October 2018

    You do not have to be a member of Parliament to be appointed Minter but yes there are limitations.

  • John Peter Mendoza
    John Peter Mendoza Friday, 05 October 2018

    I support Christopher Levingston’s action to have the matter of Peter Dutton’s eligibility to sit in the Federal Parliament heard in the High Court of Australia. It is untenable that the Minister for Immigration at the time was exercising personal powers to cancel and award visas in a seemingly arbitrary way whilst potentially in a position where his private interest was in conflict with his public duty.

    Christopher Levingston’s tactic and support for his client who had his visa cancelled by Dutton is noble, and I’m not giving the teacher an apple here! When it is right we fight! RMAs who fight for their clients will receive the respect they deserve. The migration industry of stakeholders will think twice before taking on an RMA who is prepared to stand on principal.

    Having said these fine fighting words I will only be able to contribute about 5 bucks cause I still have only had one client!

  • Guest
    Ray Thomas Saturday, 06 October 2018

    In the interests of financial governance and before donating I want to ask a few questions:
    1. How was the sum of $150,000 arrived at?
    2. How are the funds to be allocated and to what purpose?
    3. What bank account and is it a trust account that the funds are being deposited to?
    4. Who is managing the funds that have been donated?
    5. Is the allocation of the donated funds going to be made publicly available?
    6. If the target of $150,000 is not reached will the challenge still proceed?
    7. If the challenge doesn't proceed will the donated funds be returned to those that donated them?
    Thanks, I think we would all like to know this as times are hard as John Peter Mendoza points out.

  • Christopher Levingston
    Christopher Levingston Sunday, 07 October 2018

    Dear Ray,
    All good questions....
    1. The estimate is just an estimate.
    2. The funds are first allocated to the legal costs of running the matter including Solicitors
    Senior Counsel ( QC) and a Junior...any unspent funds will be allocated, as stated on the
    Go Fund me page to Adele House at Werrington a registered charity.
    3.The funds are held in trust and are accountable in accordance with the ordinary rules of accounting. I have additional legal obligations as a Solicitor in NSW and as an RMA under part 7 of the Code of Conduct.
    4. I will manage the funds, disburse them and provide an accounting for same.
    5. The allocation and disbursement will become available within a reasonable period of time (14 days) after the High Court Action is concluded and judgement received.
    6. Yes, subject to Counsel being prepared to act in the matter at a reduced fee or pro bono.
    7. If the challenge does not proceed all of the funds will be donated to Adele house at
    Subject to you being satisfied as to "Governance" I look forward to your contribution.
    Please let me know if you have any specific concerns as I am sure we would all like to know..

Leave your comment

Guest Tuesday, 18 June 2019
Joomla SEF URLs by Artio

Immigration blog

Bizcover Banner
Annual Federal Courts and Tribunals Fee Increases from 1 July 2019
The following email has been received today from t...
Continue Reading...
SA Business Migration program quotas have been met for 2018/19
Immigration SA has announced that they have met th...
Continue Reading...
Out of time at the AAT? Out of luck? Not necessarily...
In a Migration Law Updates email yesterday titled ...
Continue Reading...
World Refugee Day - Global attitudes towards refugees - June 2019 - Report
Below is a report on the global attitude towards r...
Continue Reading...
Insurance House suffers massive cyber attack
Migration Agents who have taken out Professional I...
Continue Reading...