Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CATCHWORDS
IMMIGRATION — deemed application for transitional (permanent) visa under Migration Reform (Transitional Provisions) Regulations — actual application for Class 806 (Family and Other Close Ties (After Entry) entry permit under Migration (1993) Regulations — whether Immigration Review Tribunal correctly interpreted subreg 2.29(1) of the Migration (1993) Regulations — whether Tribunal's interpretation, if incorrect, was a material error in the circumstances — whether Minister had power to grant visa based on satisfaction of criteria for grant of permit for which applicant had not applied and in respect of which applicant had not paid required fee — whether Tribunal had power to grant visa which Minister had had no power to grant.
Stevenson v Commissioner of Taxation (1991) 29 FCR 282
Migration Act 1958 (Cth) – subss 341(1), 349(1)
Migration Reform (Transitional Provisions) Regulations – par 23(2)(b), subreg 23(3) Migration (1993) Regulations– subreg 2.29(1)
CHRISTOPHER HO v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
NG 165 of 1998
KATZ J
SYDNEY
22 OCTOBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 165 of 1998
BETWEEN: christopher ho
Applicant
AND: MINISTER FOR IMMIGRATION
& MULTICULTURAL AFFAIRS
Respondent
JUDGE: KATZ J
DATE OF ORDER: 22 OCTOBER 1998
WHERE MADE: SYDNEY
MINUTES OF ORDER
THE COURT ORDERS THAT: The application be dismissed with costs. 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 165 of 1998
BETWEEN: CHRISTOPHER HO APPLICANT AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT JUDGE: KATZ J
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