Karras, Monserrat Gonzales v Minister for Immigration & Multicultural Affairs Cabal, Teresa Pasini v Minister for Immigration & Multicultural Affairs [1998] FCA 1705

FEDERAL COURT OF AUSTRALIA MIGRATION LAW – Application for review – decision of Immigration Review Tribunal upholding decision of delegate to refuse to grant bridging E visa on the ground of past deception of immigration authorities – decision as to whether the tribunal was satisfied that the applicants will abide by conditions the Tribunal imposes on visa – consideration of the subjective nature of the decision - whether Tribunal failed to apply itself to the correct question - whether the Tribunal applied the correct test – whether the Tribunal failed to set out the reasons for the decision

Migration Act 1958 (Cth) Pt 8, s 368(1) Migration Regulations Sch 8 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 – considered Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 – considered Steed v Minister for Immigration and Ethnic Affairs (1981) 37 ALR 620 – cited

MONSERRAT GONZALES KARRAS v THE MINISTER FOR IMMIGRATION AND MULTICUTLURAL AFFAIRS VG 672 of 1998; AND TERESA PASINI CABAL v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 673 OF 1998

JUDGE: MERKEL J PLACE: MELBOURNE DATE: 23 DECEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 672 OF 1998 AND VG 673 of 1998

BETWEEN: MONSERRAT GONZALES KARRAS

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

and between: teresa pasini cabal

applicant

and: the minister for immigration and multicultural affairs

respondent

JUDGE: MERKEL J

DATE OF ORDER: 23 december 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application in each case be dismissed. 2. The applicant pay the respondents taxed costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.