Bagang, Francisco v Minister for Immigration & Multicultural Affairs [1997] FCA 804

FEDERAL COURT OF AUSTRALIA MIGRATION - Migration Act 1958 (Cth), s 476 - Schedule 2 of the Migration (1993) Regulations - whether applicant held a substantive visa at date of application for General (Residence) visa. Migration Act 1958 (Cth), ss 48, 476 Migration (1993) Regulations, reg 2.29 (1C), cll 830.52, 830.71 of Schedule 2 Migration Reform (Transitional Provisions) Regulations, regs 10, 23 Esteron v The Minister for Immigration and Ethnic Affairs (1995) 57 FCR 126, distinguished FRANCISCO BAGANG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 59 of 1997 BRANSON J SYDNEY 20 AUGUST 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 59 of 1997 ) GENERAL DIVISION )

BETWEEN: FRANCISCO BAGANG

Applicant

AND: MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: BRANSON J PLACE: SYDNEY DATED: 20 AUGUST 1997

MINUTES OF ORDER

THE COURT ORDERS THAT:

The decision of the respondent is affirmed. 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 ) NG 59 of 1997 ) GENERAL DIVISION )

BETWEEN: FRANCISCO BAGANG

Applicant

AND: MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: BRANSON J PLACE: SYDNEY DATED: 20 AUGUST 1997

REASONS FOR JUDGMENT

APPLICATION

This is an application pursuant to s 476 of the Migration Act 1958 (Cth) ("the Act") for the review by this Court of a decision of the respondent made under the Act relating to visas. It was not in dispute that the decision of the respondent, which was not a decision made by him personally, is a "judicially reviewable decision" within the meaning of s 476 of the Act (see s 475(1)(c)).