Chikonga, Herman Mutaruha v Minister for Immigration & Multicultural Affairs [1997] FCA 132

CATCHWORDS IMMIGRATION - transitional (permanent) visa - decision by delegate of Minister to cancel visa - decision of Immigration Review Tribunal affirming decision to cancel - application to review decision of Tribunal - application lodged in time with Tribunal identified as respondent - interlocutory order made amending respondent to refer to Minister - whether application should be dismissed - whether interlocutory order not competent Federal Court Rules, O54B r2(1) Migration Act 1958 (Cth), s475, s476, s478, s480 Australian Broadcasting Tribunal; ex parte Hardiman (1980) 144 CLR 13 Grovenor v Permanent Trustee Company of NSW Ltd (1966) 40 ALJR 329] Mahboob v Minister for Immigration and Ethnic Affairs 1996 135 ALR 693 Minister for Immigration and Multicultural Affairs v Ozmanian (1996) 141 ALR 322 Reza Barzideh v Minister for Immigration and Ethnic Affairs (Hill J, 12 February 1997, unreported) Ross v R (1979) 25 ALR 137 Taylor v Public Service Board (1976) 10 ALR 211 HERMAN MUTARUHA CHIKONGA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NO WAG 100 OF 1996 R D NICHOLSON J PERTH 6 MARCH 1997

IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY) GENERAL DIVISION ) NO WAG 100 OF 1996 B E T W E E N:HERMAN MUTARUHA CHIKONGA Applicant and MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent MINUTE OF ORDER JUDGE MAKING ORDER:R D NICHOLSON J DATE OF ORDER:6 MARCH 1997 WHERE MADE:PERTH THE COURT ORDERS THAT: 1.The respondent's motion seeking dismissal of the applicant be granted. 2.The application be dismissed. 3.The applicant pay the costs of the respondent on the motion. Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.