Balamurali v Minister for Immigration & Multicultural Affairs [2000] FCA 1324

FEDERAL COURT OF AUSTRALIA

Balamurali v Minister for Immigration & Multicultural Affairs [2000] FCA 1324 CITIZENSHIP AND MIGRATION – Application for certiorari, prohibition, mandamus and injunction – remittal under section 44(1), Judicary Act 1903 (Cth) - whether Tribunal committed an error of law – whether Tribunal lacked jurisdiction. Judiciary Act 1903 (Cth), ss 44(1), 44(2A) Migration Act 1958 (Cth), s 476(1)(a),(b),(c) and (e) Craig v State of South Australia (1995) 184 CLR 163, considered Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147, discussed Re Keely; Ex parte Kingham and Another; Kingham and Others v Morris and Others (1995) 1 IRCR 311, referred to Re Australian Industrial Relations Commission; Ex parte Construction, Forestry, Mining and Energy Union (1999) 164 ALR 73, referred to Returned & Services League of Australia (Vic Branch) Inc (Pascoe Vale Sub Branch) v Liquor Licensing Commission [1999] 2 VR 203, referred to Edwards v Justice Giudice [1999] FCA 1836, considered PASKARAN BALAMURALI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS V106 OF 2000 NORTH J 19 SEPTEMBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V106 OF 2000

BETWEEN: PASKARAN BALAMURALI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: NORTH J

DATE OF ORDER: 19 SEPTEMBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The relief sought by the applicant in that part of the application remitted to this Court by the High Court is refused. 2. The applicant is to pay the respondent's costs of and incidental to the proceedings in this Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA