Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Savouts v Minister for Immigration & Multicultural Affairs [2000] FCA 1059
MIGRATION – objection to competency of application for order of review – review sought of decision to refuse bridging visa – review sought of decision not to refer to Minister request for exercise of power under subs 48B(1). JURISDICTION – whether decision to refuse bridging visa to non-citizen who is in immigration detention as result of refusal a judicially-reviewable decision – whether decision made on behalf of Minister not to consider exercise of power under subs 48B(1) a judicially-reviewable decision – provision that application for review must be made within 28 days of applicant being notified of decision. PRECEDENT – whether decision in which question of jurisdiction passed on sub silentio is precedent on question.
Federal Court Rules, O 54 r 2(1), O 54A r 3(2), O 54B r 2(1), Sch 1 form 56 Migration Act 1958 (Cth), ss 48A, 48B, 338(4)(a), 417, 475(1), 475(2), 476, 478(1)(b), 485(1), 486 Administrative Decisions (Judicial Review) Act 1977 (Cth), s 6 Judiciary Act 1903 (Cth), ss 39B & 44 Oguzhan v Minister for Immigration & Multicultural Affairs [2000] FCA 781, referred to Ordonez v Minister for Immigration & Multicultural Affairs [2000] FCA 736, referred to Ozmanian v Minister for Immigration, Local Government and Ethnic Affairs (1996) 137 ALR 103, applied Minister for Immigration and Multicultural Affairs v Ozmanian (1996) 71 FCR 1, referred to Bedlington v Chong (1998) 87 FCR 75, discussed Archer v Howell (1992) 7 WAR 33, referred to US v More 3 Cr (7 US) 159 (1805), referred to
DMITRI SAVOUTS v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N782 of 2000 KATZ J SYDNEY 4 AUGUST 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N782 of 2000
BETWEEN: DMITRI SAVOUTS
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