Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hammadi v Minister for Immigration & Multicultural Affairs [2000] FCA 748 MIGRATION – protection visas – application for temporary protection visa – whether decision of delegate of Minister advising application not properly made a judicially‑reviewable decision – whether decision of administrative officer of Refugee Tribunal that application is beyond jurisdiction was reviewable – whether prohibition against further application for protection visa by non-citizen in the migration zone applicable to application for temporary protection visa – whether amendment to Migration Regulations to provide for temporary protection visas affects prior expression of Parliamentary intention. Migration Act 1958 (Cth) ss 48A, 475(1)(c), 476
Le Tran Thuy v Minister for Immigration and Multicultural Affairs [1999] FCA 1598, followed Li v Minister for Immigration & Multicultural Affairs (1999) 94 FCR 219, referred to Singh v Minister for Immigration & Ethnic Affairs (1995) 38 ALD 295, cited Sweeney v Fitzhardinge (1906) 4 CLR 716, cited P F Webster v Macintosh (1980) 32 ALR 603, cited JEMARI HAMMADI V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 29 OF 2000 R D NICHOLSON J 28 JULY 2000 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 29 of 2000
BETWEEN: JEMARI HAMMADI
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: R D NICHOLSON J
DATE OF ORDER: 28 JULY 2000
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs 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 W 29 of 2000
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