Papachristopoulos, Georgios v Minister for Immigration & Multicultural Affairs [1997] FCA 1599

JUDGMENT No. Fall ) LE

FEDERAL COURT OF AUSTRALIA

IMMIGRATION - application for bridging visas refused - whether applicant denied natural

justice.

Migration Act 1958 (Cth): ss 420, 476

GEORGIOS PAPACHRISTOPOULOS v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NG 117 of 1997

LOCKHART J 19 AUGUST 1997 SYDNEY

GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NG 117 of 1997

BETWEEN: GEORGIOS PAPACHRISTOPOULOS

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE: LOCKHART J

DATE OF ORDER: 19 AUGUST 1997 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application is dismissed with costs.

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

Rules.

GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NG 117 of 1997

BETWEEN: GEORGIOS PAPACHRISTOPOULOS

APPLICANT AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT JUDGE: LOCKHART J DATE: 19 AUGUST 1997 PLACE: SYDNEY REASONS FOR JUDGMENT

Before the Court are two matters, NG 117 and NG 176 of 1997. The parties are the same in each matter. The applicant asked me to hear the two matters separately, which I have done; so I will proceed to give judgment in matter NG 117 of 1997 first. I should note at the outset that much of the evidence filed by the applicant in this matter was also filed in matter NG 176 of 1996, so that in essence the applicant's evidence in each matter has been the same. The evidence filed by the respondent differs however, and I have considered the evidence in matter number NG 117 of 1997 without recourse to the evidence filed by the respondent in

number NG 176 of 1997.

Matter NG 117 of 1997 is an application for review of two decisions of the Immigration Review Tribunal ("the Tribunal") which in each case affirmed the decisions under review by the Tribunal. The first decision, made on 3 December 1996, was a decision affirming the decision of the delegate who refused the grant of a bridging visa WE class 050. The second decision, made on 5 February 1997, was to like effect, affirming the decision of the delegate