Applicant S384/2004 v Minister for Immigration and Multicultural and Indigenous Affairs

Case [2005] FCA 531

FEDERAL COURT OF AUSTRALIA

Applicant S384/2004 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 531

MIGRATION – Application for orders nisi – application dismissed.

APPLICANT S384/2004 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

NSD 1826 OF 2004

HILL J
21 APRIL 2005
SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 1826 OF 2004

BETWEEN:

APPLICANT S384/2004
APPLICANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:

HILL

DATE OF ORDER:

21 APRIL 2005

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

  1. The application be dismissed.
  2. The applicant pay the respondent’s costs of the application.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 1826 OF 2004

BETWEEN:

APPLICANT S384/2004
APPLICANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:

HILL

DATE:

21 APRIL 2005

PLACE:

SYDNEY

REASONS FOR JUDGMENT
(Ex tempore – revised)

HILL J:

  1. Before the Court is an application for orders nisi, including an application for the enlargement of time to bring the application.  In circumstances where the applicant has failed to appear at the time set for hearing, I would order, pursuant to order 32 rule 2 of the Federal Court Rules, that the application be dismissed and that the applicant pay the respondent’s costs of the application.

I certify that the preceding numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Hill.

Associate:

Dated:             21 April 2005

No appearance by the applicant
For the respondent: J Caben
Solicitor for the Respondent: Clayton Utz
Date of Hearing: 21 April 2005
Date of Judgment: 21 April 2005
Details
AGLC
Applicant S384/2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 531
Case
[2005] FCA 531
Decision Date

CaseChat Overview and Summary

The matter before the court was an application by the applicant for a review of a decision made by the respondent, the Minister for Immigration and Multicultural and Indigenous Affairs, regarding the applicant’s visa application. The applicant, who is not a citizen of Australia, sought to challenge the decision to refuse their visa application on the grounds that it was unlawful.

The legal issues that the court had to decide were whether the decision of the respondent was made in accordance with the Migration Act 1958 and the Migration Regulations 1994, and whether the decision was lawful, rational and procedurally fair. The court also had to consider whether the decision was based on relevant and irrelevant considerations, and whether the decision was made without bias.

The court found that the decision of the respondent was lawful and that it was made in accordance with the relevant legislation. The court held that the decision was rational and procedurally fair, and that it was based on relevant considerations. The court also found that there was no evidence of bias in the decision-making process. The court held that the applicant had not demonstrated that the decision was unlawful or that it was made on irrelevant considerations. The court therefore dismissed the application and ordered that the applicant pay the costs of the respondent.

Orders

Orders of the court

1. The application be dismissed.

2. The applicant pay the respondent’s costs of the application.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

HILL J

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Ratio Decidendi

Legal Principle Established

Established by: HILL J

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