Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sese v Minister for Immigration & Multicultural Affairs [2000] FCA 326
MIGRATION – application for review of decision by Minister's delegate to refuse to waive visa condition – whether sufficient "compelling and compassionate circumstances" since visa granted to justify waiver
Migration Act 1958 (Cth) s41 Migration Regulations Schedule 8, Item 8503, Reg 2.05(4) VALENTIN SESE v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 326 OF 1999 MARSHALL J MELBOURNE 31 MARCH 2000
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 326 OF 1999
BETWEEN: MR VALENTIN SESE
APPLICANT
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 31 MARCH 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the respondent's costs of the application, including reserved costs. 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 V 326 OF 1999
BETWEEN: MR VALENTIN SESE
APPLICANT
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MARSHALL J
DATE: 31 MARCH 2000
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 The applicant, Mr Valentin Sese has applied for an order under Part 8 of the Migration Act 1958 (Cth) ("the Act") to review two decisions of a delegate of the respondent. The first of those decisions was to refuse a request by Mr Sese to waive a condition imposed on a visitors visa granted to him. The second decision was to refuse to reconsider the first decision.
Factual background 2 Mr Sese is a citizen of the Phillipines. He was born in Manila on 25 June 1956. In 1990 he applied to migrate to Australia but his application was refused. On 15 January 1999 Mr Sese applied for a tourist visa to enable him to visit Australia. In response to a question on the application form concerning whether there was any reason, other than tourist related, why he wanted to visit Australia, Mr Sese wrote that: "To visit my mother, to be with her on her 68th birthday on January 20, 1999 and also celebrate my 43rd birthday with her on June 25, 1999." 3 On 19 January 1999 Mr Sese was granted a sub - class 676 visitor visa. The visa was conditionally granted. The visa condition ("condition 8503") was imposed. Condition 8503 provides as follows: "The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia."
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