Korovata v Minister for Immigration

FEDERAL COURT OF AUSTRALIA

Korovata v Minister for Immigration and Multicultural Affairs [2001] FCA 1446

MIGRATION – application for Temporary Social Sporting visa – applicant provided address for service on application for review before Migration Review Tribunal – letter advising of hearing not sent to address for service – letter advised hearing would be by telephone – requested applicant to provide a contact telephone number – letter did not advise place at which hearing would take place – whether Migration Review Tribunal failed to comply with procedures required by s 360 and s 360A of Migration Act 1958 – whether r 1.20 and Item 421 of Schedule 2 of the Migration Regulations 1994 requires that sponsor be approved by respondent – whether any utility in setting aside decision – whether Migration Review Tribunal took into account irrelevant consideration

Migration Act 1958 (Cth) ss 360, 360A, 366, 379A
Migration Regulations 1994 r 1.20, Item 421 (Schedule 2)

Rodwell v Minister for Immigration, Local Government & Ethnic Affairs (1992) 28 ALD 195 cited

IOWANI KOROVATA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 1100 OF 2001

EMMETT J
28 SEPTEMBER 2001
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1100  OF 2001

BETWEEN:	IOWANI KOROVATA APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND ANOR RESPONDENT
JUDGE:	EMMETT J
DATE OF ORDER:	28 SEPTEMBER 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The decision of the Migration Review Tribunal of 22 June 2001 be set aside.

2.The matter be remitted to the Tribunal for reconsideration according to law and in accordance with the Migration Act.

3.        The respondent pay the applicant's costs of the application.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1100  OF 2001

BETWEEN:	IOWANI KOROVATA APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND ANOR RESPONDENT

JUDGE:	EMMETT J
DATE:	28 SEPTEMBER 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

EMMETT J

1. The applicant is a national of Fiji.  He entered Australia on 2 February 1994 on a Cultural/Social (Temporary) (Class TE) visa, subclass 421, which was granted to him so that he could participate in the Coca Cola World Sevens Tournament.  Thereafter he periodically lodged applications for visas for further stays as a temporary resident.  In each case the class of visa sought was subclass 421.  On 12 October 1998 the applicant applied for a further subclass 421 visa. On 1 July 1999, a delegate of the respondent (“the Minister”) decided to refuse to grant the visa. On 28 July 1999, the applicant lodged an application for review of that decision by the Migration Review Tribunal (“the Tribunal”).  On 22 June 2001 the Tribunal affirmed the decision not to grant a visa applied.  On 20 July 2001 the applicant applied to this Court for an order of review of the decision of the Tribunal. 

2. The amended application for review essentially discloses two complaints. Those complaints are based on several grounds in s 476(1) of the Migration Act 1958 (Cth) (“the…