Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MIGRATION - Review of decision of Immigration Review Tribunal not to grant Subclass 105 (Concessional Family) visa - The Act allowed only sponsor to seek judicial review - Application for review wrongly commenced by principal visa applicant - Whether application is competent - Whether failure to correctly name applicant is a jurisdictional or procedural matter - Whether sponsor can be substituted as applicant after application for judicial review commenced by person without standing
Migration Act 1958 (Cth) ss 339(2)(b), 347(2)(b), 475, 476, 479, 480 Yong Jun Qin v Minister for Immigration & Multicultural Affairs (1997) 144 ALR 695, applied Zhen Gang Liu v Minister for Immigration and Multicultural Affairs (Federal Court, 18 March 1997, unreported), applied
wICKREMASINGHE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
No VG 139 of 1997
JUDGE: NORTH J
PLACE: MELBOURNE
DATE: 13 march 1998
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 139 of 1997
BETWEEN SHAMMI KUMAR WICKREMASINGHE
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE(S): NORTH J
DATE OF ORDER: 13 march 1998
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The respondent's objection to the competency of the review is dismissed. 2. The documents filed in this application are amended by deleting the references to Shammi Kumar Wickremasinghe as applicant and replacing such references with references to Mary Suresha Kumaraperu as applicant. 3. The respondent pay the applicant's costs of this application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 139 of 1997
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