Imphoka, Patchareewan v Minister for Immigration & Multicultural Affairs [1998] FCA 1679

FEDERAL COURT OF AUSTRALIA

MIGRATION – Student visa – procedures to be observed in connection with the making of a decision – whether delegate failed to have regard to information provided as part of application – whether no evidence or other material to justify making the decision. Migration Act 1958 (Cth), ss 54, 475(1)(c), 476(1)(a), 476(1)(g), 476(4) Migration Regulations, regs 2.04, 560.224(1), Schedule 8 Administrative Decisions (Judicial Review) Act 1977 (Cth) Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, considered Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280, considered Western Television Ltd v Australian Broadcasting Tribunal (1986) 12 FCR 414, considered Tho Xuan Doan v Minister for Immigration, Local Government and Ethnic Affairs (Olney J, 9 April 1997, unreported), considered Minister for Immigration and Ethnic Affairs v Baker (1993) 73 FCR 187, considered Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212, applied PATCHAREEWAN IMPHOKA V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS SG 65 OF 1998

MANSFIELD J ADELAIDE 23 DECEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 65 of 1998

BETWEEN: patchareewan imphoka

Applicant

AND: minister for immigration and multicultural affairs

Respondent

JUDGE: MANSFIELD J

DATE OF ORDER: 23 DECEMBER 1998

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application for review is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 65 of 1998

BETWEEN: patchareewan imphoka

Applicant

AND: The minister for immigration and multicultural affairs