Ghomrawi v Minister for Immigration & Multicultural Affairs [1999] FCA 1216

FEDERAL COURT OF AUSTRALIA

Ghomrawi v Minister for Immigration & Multicultural Affairs [1999] FCA 1216 MIGRATION – application for order of review of decision of Immigration Review Tribunal – where Tribunal affirmed decision to refuse a bridging visa pending outcome of application for protection visa – where, by the time decision of Tribunal reviewed by the court, the bridging visa if granted would already have expired – whether futile to consider the application

HASSAN GHOMRAWI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N398 OF 1999 EMMETT J 28 SEPTEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N398 OF 1999

BETWEEN: HASSAN GHOMRAWI

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGE: EMMETT J

DATE OF ORDER: 28 SEPTEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed in so far as it seeks any review of the decision of the Immigration Review Tribunal given on 8 April 1999.

2. Costs relating to questions raised in relation to the review of the Immigration Review Tribunal decision of 8 April 1999 be reserved.

3. The applicant file a further amended application within 7 days from the date of these orders.

4. The proceedings be stood over part-heard to Monday 11 October 1999 at 10.15am.

5. The applicant file and serve no later than 5 October 1999 a further outline of his contentions in so far as they are based on the alleged refusal of Ms Capra to accept an application for a visa on 18 November 1996. 6. Each party file and serve no later than 8 October 1999 an outline of submissions as to why the court should accept one version or another of the events of 18 November 1996.

7. The applicant file no later than 8 October 1999 the particulars of any responses received from the Attorneys-General regarding the section 78B notices.