Federal Court of Australia
FEDERAL COURT OF AUSTRALIA IMMIGRATION LAW – review of decision of Immigration Review Tribunal – respondent granted bridging visa - respondent group member in representative proceeding – whether respondent had applied for judicial review of a decision other than a decision in relation to the grant of a visa. Federal Court of Australia Act 1976 (Cth), Pt IVA Migration Act 1958 (Cth), ss 30, 31, 73, 475, 476 Migration Regulations, subcl 050.212(4)(a) of Schedule 2
Minister for Immigration and Multicultural Affairs v Ozmanian (1996) 71 FCR 1, cited
MINISTER OF STATE FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v RUDY HARJANTO NG 59 of 1998
BRANSON J SYDNEY 18 JUNE 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 59 of 1998
BETWEEN: MINISTER OF STATE FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Applicant
AND: RUDY HARJANTO
Respondent
JUDGE(S): BRANSON J
DATE OF ORDER: 18 JUNE 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The decision of the Refugee Review Tribunal be set aside; 2. The matter be referred to the Tribunal for further consideration according to law. 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 1998
BETWEEN: MINISTER OF STATE FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Applicant
AND: RUDY HARJANTO
Respondent
JUDGE(S): BRANSON J
DATE: 18 june 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION In this case the applicant has sought review of a decision of the Immigration Review Tribunal ("the Tribunal") made on 31 December 1997 whereby the Tribunal set aside a decision made by the applicant's delegate refusing the grant of a Bridging E (Class WE) Bridging visa subclass 050 (General) to the respondent, and substituting a decision granting the respondent such visa subject to conditions. The issue to be considered on this application is that of whether the Tribunal made a reviewable error in concluding that the respondent ("Mr Harjanto") was a person who "has applied, within statutory time limits, for judicial review of a decision other than a decision in relation to the grant of a visa" (subclause 050.212(4)(a) of Schedule 2 of the Migration Regulations). Mr Harjanto is a group member in the representative proceeding in this Court titled Kagi v Minister of State for Immigration and Multicultural Affairs (Federal Court No. NG 1041 of 1997).
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