Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MIGRATION – Application to review decision of the Refugee Review Tribunal refusing the grant of a Bridging E (Class WE) subclass 050 Bridging visa (General) – Whether letter to Refugee Review Tribunal constituted an application for judicial review within the terms of the legislation – Meaning of "lodged" with registry of the Court.
ELCI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS No VG 207 of 1998 JUDGE: NORTH J PLACE: MELBOURNE DATE: 31 JULY 1998
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 207 of 1998
BETWEEN ISMAIL ELCI
Applicant
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE(S): NORTH J
DATE OF ORDER: 31/07/98
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The motion, notice of which was filed by the applicant on 4 June 1998, is dismissed. 2. The applicant is to pay the respondent's costs of and incidental to the application including the motion, notice of which was filed by the respondent on 22 June 1998.
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 207 of 1998
BETWEEN ISMAIL ELCI
Applicant
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE(S): NORTH J
DATE: 31/07/98
PLACE: MELBOURNE
EX TEMPORE REASONS FOR JUDGMENT
The applicant, Ismail Elci, is a 30 year old male citizen of Turkey. On 8 April 1998, he applied to the Department of Immigration and Multicultural Affairs (the Department) for grant of a Bridging E (Class WE) subclass 050 Bridging visa (General). On 14 April 1998, the Department refused that application. On 15 April 1998, the applicant lodged an application for review with the Immigration Review Tribunal. On 24 April 1998, the Immigration Review Tribunal refused his application. Schedule 2 to the Migration Regulations set out the criteria to be met for the grant of a subclass 050 Bridging visa (General).
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