Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hasani v Minister for Immigration & Multicultural Affairs [2000] FCA 1435
MIGRATION – review of decision by Migration Review Tribunal affirming refusal to grant bridging visa – Tribunal found as a fact that a medical specialist appointed by the Immigration Department had not certified that the applicant could not properly be cared for in a detention environment – whether Tribunal erred in law by misconstruing the relevant regulation – whether the Tribunal made any other reviewable error – no reviewable error – application dismissed. Migration Act 1968 (Cth), ss 72(1)(b), 476 Migration Regulations 1958 (Cth), 2.20(9)(c) BESNIK HASANI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 145 of 2000 CARR J 12 OCTOBER 2000 PERTH
IN THE FEDERAL COURT OF AUSTRALIA W145 OF 2000
WESTERN AUSTRALIA DISTRICT REGISTRY
BETWEEN: BESNIK HASANI
Applicant
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE OF ORDER: 12 OCTOBER 2000
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA W145 OF 2000
WESTERN AUSTRALIA DISTRICT REGISTRY
BETWEEN: BESNIK HASANI
Applicant
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE: 12 OCTOBER 2000
PLACE: PERTH
REASONS FOR JUDGMENT
INTRODUCTION 1 This is an application for an order of review of a decision of the Migration Review Tribunal made on 28 July 2000 by which the Tribunal affirmed the decision of a delegate of the respondent not to grant to the applicant a Bridging E visa (Subclass 051). This subclass of visa is described, in the heading to the relevant item in Schedule 2 of the Migration Regulations 1994, as a "Bridging (Protection Visa Applicant)". I shall refer to it as "the Bridging Visa".
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