Din, Fazal v Minister for Immigration & Multicultural Affairs [1998] FCA 961

FEDERAL COURT OF AUSTRALIA

ADMINISTRATIVE LAW – Immigration – Refusal of visa applications by Immigration Review Tribunal because of applicants' failure to successfully undertake a test of English language proficiency – Representative proceeding – Competence of group members whose applications were refused more than 28 days before institution of proceeding – Exercise of Court's discretion – Whether discretion should be exercised adversely to applicant on basis that applicant and group members could not have been prejudiced by omission to submit proposed test schedule and papers to Minister for approval – Distinction between effect of failure to obtain approval of test arrangements and failure to obtain approval of papers. Migration Act 1958 ss 478, 481(1). Federal Court of Australia Act 1976 s 33C FAZAL DIN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 132 OF 1997 JUDGE: WILCOX J PLACE: SYDNEY DATED: 14 AUGUST 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 132 of 1997

BETWEEN: FAZAL DIN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: WILCOX J

DATE OF ORDER: 14 AUGUST 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decisions of the Immigration Review Tribunal in respect of the applications for Class 816 entry permits of the 16 persons listed in the Schedule to this Order be set aside and each of those applications be remitted to the said Tribunal for further hearing and determination according to law; and 2. The respondent, the Minister for Immigration and Multicultural Affairs, pay the costs of the applicant incurred in connection with this proceeding, including the costs of the hearing of the preliminary issue on 17 July 1997.

The Schedule Mohammed Shah Alam Mohammed Abdul Bashar Bing Hua Chen Fazal Din Li Ding Jian Jun Gao Janardan Jian Ye Li Yan Ling Lin Yun Hua Mu Zheng Pei Su Ning Shi Yu Lin Wu Shan Ju Xie Jin Hui Ye Shang Fu Zhou Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.