Federal Court of Australia
FEDERAL COURT OF AUSTRALIA IMMIGRATION LAW - review of decision of Immigration Review Tribunal affirming decision of respondent to cancel visa of applicant - whether Tribunal erred in its finding that the marriage was contrived - whether the Tribunal erred in finding that the applicant made false and misleading statements in his visa application. Migration Act 1958 (Cth), ss 20, 107-109, 115, 476 Minister for Immigration, Local Government and Ethnic Affairs v Dhillon (Full Federal Court, 8 May 1990, unreported), applied RITH RATH SINGH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 297 of 1997 BRANSON J SYDNEY 20 FEBRUARY 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 297 of 1997
BETWEEN: RITH RATH SINGH
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE(S): BRANSON J
DATE OF ORDER: 20 FEBRUARY 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed. 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 297 of 1997
BETWEEN: RITH RATH SINGH
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE(S): BRANSON J
DATE: 20 FEBRUARY 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT This is an application pursuant to s 476 of the Migration Act 1958 (Cth) ("the Act") for review of a "judicially reviewable decision" within the meaning of s 475 of the Act. The relevant decision is that of the Immigration Review Tribunal ("the IRT") whereby the IRT affirmed a decision of a delegate of the Minister for Immigration and Ethnic Affairs ("the Minister") to cancel a transitional (permanent) visa held by the applicant. So far as the application in this matter purports to seek direct review of the decision of the delegate of the Minister, it is invalid: such decision is not itself a judicially reviewable decision (see ss 475(2) and 476 of the Act).
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