Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Doan v Minister for Immigration & Multicultural Affairs [2000] FCA 909 THE KIEN DOAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 339 OF 2000 LINDGREN J 6 JULY 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 339 OF 2000
BETWEEN: THE KIEN DOAN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 6 JULY 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 339 OF 2000
BETWEEN: THE KIEN DOAN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE: 6 JULY 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction
1 The Applicant ("Mr Doan") applies for review of a decision of the Migration Review Tribunal ("MRT") affirming a decision of a delegate of the respondent (respectively "the Delegate" and "the Minister") that he not be granted a visa in the Extended Eligibility (Temporary) (Class TK), Subclass 820 (Spouse) class and General (Residence) (Class AS), Subclass 801 (Spouse) class. 2 Section 29 of the Migration Act 1958 (Cth) ("the Act") provides that subject to the Act, respondent ("the Minister") may grant a non-citizen permission, to be known as a visa, to do one or both of the following: (a) travel to and enter Australia; (b) remain in Australia. It is not in dispute that the Minister delegated all relevant powers to the Delegate pursuant to s 496 of the Act. 3 Section 31 of the Act provides that there are to be prescribed classes of visas and that the regulations may prescribe criteria for a visa or visas of a specified class. The section also provides that a visa is a visa of a particular class if the regulations made under the Act specify that it is a visa of that class. 4 Section 65 of the Act provides that after considering a valid application for a visa, the Minister, if satisfied of the matters specified in the section, is to grant the visa, or, if not so satisfied, is not to grant the visa. One of the matters specified in s 65 is that the criteria for the visa specified by the Act or the regulations have been satisfied. 5 The MRT's decision was a "judicially reviewable decision" (s 475(1)(a)), Mr Doan was entitled to apply to this Court for review of it on certain grounds (s 476) and the Court has the jurisdiction provided by Part 8 of the Act, but no other jurisdiction, with respect to it (ss 485, 486).
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