Halmi v Minister for Immigration & Multicultural Affairs [1999] FCA 1438

FEDERAL COURT OF AUSTRALIA

Halmi v Minister for Immigration & Multicultural Affairs [1999] FCA 1438

MIGRATION – application for interim relief under s 482 – whether lack of legal representation satisfies the purpose of s 482 of "securing the effectiveness of the hearing and determination of the appeal" – whether Court has power to stay a decision of the Minister to revoke a visa – whether s 196(3) precludes stay order – whether applicant has an arguable case. Migration Act 1958 (Cth) ss 196(3), 482(3), 501 Halmi v Minister for Immigration and Multicultural Affairs [1998] FCA 50 cited Lu v Minister for Immigration and Multicultural Affairs [1998] FCA 1723 cited Dietrich v the Queen (1992) 177 CLR 292 cited New South Wales v Canellis (1994)124 ALR 513 cited Australian Competition and Consumer Commission v Leelee Pty Ltd [1999] FCA 1121 cited Long v Minister for Immigration and Multicultural Affairs [1999] FCA 233 cited Minister for Immigration, Local Government and Ethnic Affairs v Msilanga (1992) 34 FCR 169 cited Reg. v Secretary of State for Education and Science [1991] 1 QB 558 cited Abebe v Commonwealth (1999)73 ALJR 584 cited Minister for Immigration and Ethnic Affairs v Teoh (1995)183 CLR 273 cited IOAN DOREL HALMI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1132 OF 1999 HILL J 22 OCTOBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1132 OF 1999

BETWEEN: IOAN DOREL HALMI

Applicant

AND: MINISTER FOR IMMIGATION AND

MULTICULTURAL AFFAIRS

Respondent

JUDGE: HILL J

DATE OF ORDER: 22 OCTOBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for interim relief be dismissed. 2. Costs be reserved pending the hearing of the application for judicial review. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.