Federal Court of Australia
CATCHWORDS MIGRATION - application to review cancellation of visas - application to review refusal of visa as applicant ineligible - objections to competency - no application to dismiss application under Order 20 - whether decisions are judicially reviewable. Migration Act 1958 ss 47(3), 48(b), 116, 140(1), 475 and 478 Federal Court Rules O 20 r 2, O 54B and O 54B r 3 Dwyer v Huxtable (1989) 18 ALD 252 Douglas v Tickner (1994) 49 FCR 507 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 Webster v Lampard (1993) 177 CLR 598 No SG 26 of 1995 HEIN PIETERSE AND TILANE PIETERSE v THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Mansfield J Adelaide 14 February 1997
IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 26 of 1995 ) GENERAL DIVISION ) BETWEEN: HEIN PIETERSE and TILANE PIETERSE Applicants - and - THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent MINUTES OF ORDER CORAM: Mansfield J PLACE: Adelaide DATE: 14 February 1997 THE COURT ORDERS THAT: 1. The objection to competency is upheld in so far as the application seeks to complain of the decision made on 1 December 1994. 2. The objection to competency is upheld in so far as the application seeks to complain of the decision or asserted decision made on 13 December 1994. 3. The objection to competency is upheld in so far as the application seeks to invoke the Administrative Decisions (Judicial Review) Act 1977 in relation to the decision made on 7 April 1995. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 26 of 1995 ) GENERAL DIVISION ) BETWEEN: HEIN PIETERSE and TILANE PIETERSE Applicants - and - THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent REASONS FOR DECISION CORAM: Mansfield J PLACE: Adelaide DATE: 14 February 1997 This decision is the determination of an objection to the competency of the application for review made in respect of various decisions made under the Migration Act 1958 ("the Act"). Hein Pieterse ("Mr Pieterse") and Tilane Pieterse ("Mrs Pieterse") together with their son Clinton Pieterse, now aged nineteen, arrived in Australia from South Africa on 30 April 1994. Mr Pieterse had been approached to undertake, and had agreed to undertake, the work of "scoring" the sound tracks for a number of documentaries on Africa being produced by a Mr Alby Mangels, or by a company associated with him. In the case of Mr Pieterse, his entry was permitted under a visa
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