Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Alkiaat v Minister for Immigration & Multicultural Affairs [2000] FCA 1316 CITIZENSHIP AND MIGRATION – protection visa – applicant in immigration detention – decision not yet made by Minister or delegate – application for order of review in respect of failure to make a decision – objection to competency – whether if Minister under a duty to grant visa the Minister is under a duty to make a judicially-reviewable decision for the purposes of s 477 of the Migration Act 1958 (Cth)
Migration Act 1958 (Cth) ss 47(1), 65, 411, 475, 477
Migration Regulations 1994 (Cth) Sch 2, para 886.225; Sch 4, Pt 1 ABDULRAZAQ ALKIAAT v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 881 OF 2000 EMMETT J 6 SEPTEMBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 881 OF 2000
BETWEEN: ABDULRAZAQ ALKIAAT
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 6 SEPTEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The notice of objection to competency be dismissed. 2. The costs of today and the costs generally of the objection to competency be the parties' costs in the proceedings. 3. The matter be stood over for further directions Friday 8 September 2000 at 9.30 am. 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 881 OF 2000
BETWEEN: ABDULRAZAQ ALKIAAT
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: EMMETT J
DATE: 6 SEPTEMBER 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant arrived in Australia on 14 October 1999, under a false Malaysian passport. On 22 October 1999 the applicant applied for a protection visa. For present purposes it has been assumed that the application is a valid application within the meaning of section 46 of the Migration Act 1958 (Cth) ("the Act"). Accordingly under section 47(1) the respondent, the Minister for Immigration and Multicultural Affairs ("the Minister"), must consider the application. Under section 65(1) of the Act if, after considering the application, the Minister was satisfied as to the matters referred to in section 65(1)(a), the Minister would be under an obligation to grant the visa. Alternatively, if having considered the application, the Minister were not so satisfied, he must refuse to grant the visa. 2 The Minister has not yet either granted or refused to grant the visa. The applicant has therefore applied to this court for an order of review pursuant to section 477 of the Act. Section 477(1) relevantly provides as follows: "477(1) If:
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