Pheng v Minister for Immigration & Multicultural Affairs [2000] FCA 1124

FEDERAL COURT OF AUSTRALIA

Pheng v Minister for Immigration & Multicultural Affairs [2000] FCA 1124

MIGRATION – application for review of purported decision of the Immigration Review Tribunal – whether an application for review of a decision of the Migration Internal Review Office can properly be said to have been before the Immigration Review Tribunal – competency of applicant – whether application made by visa applicant's sponsor - spouse to the Migration Internal Review Office to review decision of a delegate of the respondent refusing visa applicant's Class AS General (Residence) visa application constitutes a valid application, the refusal of which is capable of being reviewed by the Immigration Review Tribunal Migration Act 1958 (Cth) ss5, 337(a), 338(1), 339, 340(1), 341(4), 346(1)(a), 347, 475, 476

Migration Legislation Amendment Act (No 1) 1998 (Cth)

Tabet v Minister for Immigration and Multicultural Affairs (1997) 75 FCR 446 followed

Kirk v Minister for Immigration and Multicultural Affairs (1998) 87 FCR 99 followed

Le Tran Thuy v Minister for Immigration and Multicultural Affairs [1999] FCA 1598 followed SOKYET PHENG v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

V 702 of 1999 MARSHALL J

MELBOURNE

15 AUGUST 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 702 of 1999

BETWEEN: SOKYET PHENG

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 15 AUGUST 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed.

2. The applicant pay the respondent's costs, 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