Kumar, Ashok v Minister for Immigration & Multicultural Affairs [1998] FCA 1733

FEDERAL COURT OF AUSTRALIA MIGRATION – applicant seeking a Class 812 (December 1989 (Permanent)) entry permit – review of decision of the Immigration Review Tribunal - whether refusal of entry permit would have caused "extreme hardship" or "irreparable prejudice" to applicant's nominators – interpretation and application of cl 812.723(6)(a) of the Migration (1993) Regulations – whether, for the purpose of determining whether on 15 October 1990 there would have been irreparable prejudice, consideration is to be given to facts and circumstances which have occurred after 15 October 1990. WORDS AND PHRASES – " extreme hardship", "irreparable prejudice".

Migration (1993) Regulations: Pt 812, sch 2 Palwinder Singh v Minister for Immigration and Ethnic Affairs (unreported, von Doussa J, 31 January 1996) - followed Ashok Kumar v Minister for Immigration and Ethnic Affairs (1997) 144 ALR 441 - cited Thomas Christopher Dempsey v Minister for Immigration and Multicultural Affairs (unreported, Moore J, 26 February 1998) - considered and not followed Kobayashi v Minister for Immigration and Ethnic (1994) 51 FCR 24 – considered and followed Tokaduadua v Minister for Immigration and Ethnic Affairs (1997) 45 ALD 501 – considered and followed ASHOK KUMAR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 322 of 1998 GOLDBERG J MELBOURNE 18 DECEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 322 of 1998

BETWEEN: ASHOK KUMAR

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGES: GOLDBERG J

DATE OF ORDER: 18 december 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs of the application including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules