Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Hayman [1999] FCA 217
MIGRATION – judicial review – application for a visa – review of refusal to grant a visa by the Immigration Review Tribunal – tribunal requested to grant a visa different from that specified in the application - whether tribunal has the power to grant a different visa PRACTICE AND PROCEDURE - costs – whether costs should be awarded against an unsuccessful applicant for judicial review
Migration Act 1958 (Cth) ss 45, 46, 47, 349, 481(1)
Bandura, Re (unreported, Immigration Review Tribunal, Italiano Presiding Member, 24 May 1996), not followed Buksh v Minister for Immigration, Local Government and Ethnic Affairs (1991) 102 ALR 647: on appeal, not followed Fang v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 245, applied Holden & Co v Crown Prosecution Service (No. 2) [1994] 1 AC 22, applied Onea v Minister for Immigration and Multicultural Affairs (1997) 80 FCR 254, considered MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V GORDON WILLIAM HAYMAN
NO VG 120 of 1998 JUDGE: FINKELSTEIN J PLACE: MELBOURNE DATE: 15 MARCH 1999
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 120 of 1998
BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Applicant
AND: GORDON WILLIAM HAYMAN
Respondent
JUDGE: FINKELSTEIN J
DATE OF ORDER: 15 MARCH 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The decision of the Immigration Review Tribunal be set aside. 2. The matter be remitted to the Tribunal for reconsideration according to law.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 120 of 1998
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