Federal Court of Australia
FEDERAL COURT OF AUSTRALIA MIGRATION – bridging visa – whether Immigration Review Tribunal failed to consider question posed by s 73 whether the applicant "satisfies the criteria for a bridging visa" by conflating that question with the ultimate discretion to be exercised if it were answered in the applicant's favour – effect of departmental policy statement going outside the statutory issue in question – reference to false dichotomy between the interests of a migrant's Australian wife and child and those of the community. Migration Act 1958, ss 37, 73, 476 Migration Regulations, Sched. 2, item 050.213 Pattanasri v Minister for Immigration, Local Government and Ethnic Affairs (1993) 34 ALD 169 Chaudhary v Minister for Immigration and Ethnic Affairs (1994) 49 FCR 84 Vaitaiki v Minister for Immigration and Ethnic Affairs (1998) 50 ALD 690; 150 ALR 608
HASSAN SALAH GHOMRAWI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 1295 of 1998
Burchett J Sydney 21 December 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1295 of 1998
BETWEEN: HASSAN SALAH GHOMRAWI
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: BURCHETT J
DATE OF ORDER: 21 DECEMBER 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
(1) The decision of the Immigration Review Tribunal be set aside and the matter be remitted to the tribunal to be determined according to law.
(2) The Minister pay the applicant's 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 1295 of 1998
BETWEEN: HASSAN SALAH GHOMRAWI
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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