Rahal v Minister for Immigration and Multicultural and Indigenous Affairs

[2002] FCA 317

FEDERAL COURT OF AUSTRALIA

Rahal v Minister for Immigration & Multicultural & Indigenous Affairs
[2002] FCA 317

MOHAMAD ALI RAHAL V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N 63 OF 2002

MOORE J

15 MARCH 2002
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 63OF 2002

BETWEEN:	MOHAMAD ALI RAHAL APPLICANT
AND:	MINISTER FOR IMMIGRAION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	MOORE J
DATE OF ORDER:	15 MARCH 2002
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.   The application is dismissed.

2.   The applicant pay the respondent’s costs.

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	N 63OF 2002

BETWEEN:	MOHAMAD ALI RAHAL APPLICANT
AND:	MINISTER FOR IMMIGRAION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	MOORE J
DATE:	15 MARCH 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

MOORE J:

1. This is an application for judicial review of a decision of the Migration Review Tribunal.  The Tribunal made its decision on 16 January 2002 and affirmed a decision of a delegate of the Minister refusing to grant a bridging visa to the applicant.  The application was made on 2 January and the delegate refused the application on 3 January.  The applicant is unrepresented and has been assisted by an interpreter.  His application for judicial review does not identify any grounds of review.  It simply makes the complaint that the decision of the Tribunal was unfair.

2. At my invitation, counsel for the Minister took me through the Tribunal's decision to demonstrate that the Tribunal addressed the various criteria found in subclause 050.212.  The Tribunal was satisfied that none of those criteria had been met and accordingly the applicant failed to satisfy a criteria that had to be satisfied both at the time of the application and the time of decision.

3. It is not apparent to me that the Tribunal made any error in its approach.  It is unnecessary to consider the operation of 274 of the Migration Act 1958(Cth) on the Tribunal's decision and on the jurisdiction of this Court to review that decision.  It is unnecessary because it is palpable that the Tribunal made no error.  Accordingly, I order that the application for judicial review is dismissed.  I order that the applicant pay the respondents costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:  20 March 2002

The applicant appeared in person with the aid of an interpreter.

Counsel for the Respondent:	J Smith
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	15 March 2002
Date of Judgment:	15 March 2002