Goldie, Brian Gerald James v Commonwealth of Australia & Anor [1998] FCA 894

FEDERAL COURT OF AUSTRALIA MIGRATION - Application for interlocutory relief for an order directing the Minister to remove the condition of bridging visa that applicant not be permitted to work and return of security - whether serious question to be tried regarding expiry of Bridging B visa - effect of grant of Bridging E visa - whether Bridging E visa granted in error - whether applicant would be entitled to relief sought if Bridging E visa granted in error - whether Minister precluded from treating application for Bridging E visa as application for Bridging A or Bridging B visa - whether applicant has to re-apply for bridging visa initially granted on the basis of substantive visa application if applicant subsequently seeks judicial review of refusal to grant substantive visa - whether serious question to be tried regarding substantial compliance with bridging visa application procedures and forms. PRACTICE AND PROCEDURE - application for interlocutory mandatory injunction relief - whether grant of relief is appropriate and necessary to ensure effective exercise of the jurisdiction of the Court as invoked by the applicant - whether remedy appropriate to the protection or enforcement of the rights or subject matter in issue in the proceedings - whether serious question to be tried. Migration Act 1958 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Acts Interpretation Act 1901 (Cth) Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia [1988] HCA 30 - Applied Fletcher v Foodlink Ltd (1995) 60 FCR 262 - Applied Castlemaine Tooheys Ltd v SA (1986) 161 CLR 148 - Considered Active Leisure (Sports) Pty Ltd v Sportsman's Australia Limited [1991] 1 Qd R 301 - Considered Ousley v R (1997) 148 ALR 510 - Applied F Hoffman-La Roche & Co v Secretary of State of Trade and Industry [1975] AC 295 - Considered Project Blue Sky Inc v Australian Broadcasting Authority (1998) 153 ALR 490 - Applied Hamilton v Minister for Immigration (1994) 53 FCR 349 - Not followed Wu v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 245 (Fang's Case) - Applied Onea v Minister for Immigration and Multicultural Affairs (Unreported, Finkelstein J, Federal Court of Australia, 18 December 1997) - Applied BRIAN GERALD JAMES GOLDIE v COMMONWEALTH OF AUSTRALIA AND MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS No QG 51 of 1998 COOPER J BRISBANE 31 JULY 1998