Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Borsa v Minister for Immigration & Multicultural Affairs
[1999] FCA 348
MIGRATION – judicial review – application for permanent residence – whether Immigration Review Tribunal gave adequate reasons for affirming decision to refuse application for visa.
Migration Act 1958 (Cth) ss 65, 368(1)
Migration Regulations 1993, cl 820.721(1)(b), 820.731(1)(b)
Surinakova v Minister for Immigration, Local Government and Ethnic Affairs (1991) 33 FCR 87 referred to Simpson v Minister for Immigration and Ethnic Affairs (1994) 35 ALD 389 referred to Jones v Minister for Immigration and Ethnic Affairs (1995) 63 FCR 32 distinguished Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402 referred to Logenthiran v Minister for Immigration and Multicultural Affairs (Full Court, Federal Court of Australia, 21 December 1998) referred to Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 160 ALR 24 referred to
IOANA BORSA v MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
WG 104 of 1998
LEE, CARR & MERKEL JJ
31 MARCH 1999
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WG 104 of 1998
On appeal from a single Judge of the Federal Court of Australia
BETWEEN: IOANA BORSA
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGES: LEE, CARR & MERKEL JJ
DATE OF ORDER: 31 MARCH 1999
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made on 17 July 1998 be set aside. 3. The decision of the Immigration Review Tribunal made on 13 November 1997 be set aside. 4. The appellant's application, made on 9 August 1996, to the Immigration Review Tribunal for review of the respondent's decision, made on 8 July 1996, be remitted to the Tribunal, differently constituted, for determination according to law. 5. The respondent pay the appellant's costs of the appeal and at first instance. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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