Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Xie v Minister For Immigration & Multicultural Affairs [2000] FCA 69 IMMIGRATION – interlocutory relief - application for declarations relating to entitlement to permanent residence – whether valid jurisdictional objections – whether serious question to be tried that ministerial announcement constituted creation of a right; pre-exercise of a discretion or exercise of a particular discretion – whether balance of convenience favours relief
Judiciary Act 1906 (Cth) s 39B Federal Court of Australia Act 1976 (Cth) s 21 Migration Reform (Transitional Provisions) Regulations 1994 reg 10 United States Immigration and Naturalisation Service v Hibi 414 US 5 (1973) Brickworks Limited v Warringah Shire Council (1963) 108 CLR 658 Minister for Immigration and Multicultural Affairs v Ozmanian (1996) 71 FCR 1 Port of Melbourne Authority v Anshun (1981) 147 CLR 589 Henderson v Henderson (1843) 3 Hare 100; 67 E.R. 313 XIE WEI MING v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS WG 144 of 1999 R D NICHOLSON J 10 FEBRUARY 2000 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WG 144 OF 1999
BETWEEN: XIE WEI MING
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: R D NICHOLSON J
DATE OF ORDER: 10 FEBRUARY 2000
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application for interlocutory relief be dismissed. 2. The applicant pay the respondent's cost of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WG 144 OF 1999
BETWEEN: XIE WEI MING
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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