Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lal v Minister for Immigration & Multicultural Affairs [2000] FCA 1488
MIGRATION – decision of Migration Review Tribunal affirming decision of delegate of Minister not to grant General (Residence) (Class AS) visa – whether, in reviewing decision of delegate, Tribunal exercised a "discretionary power" or a "personal discretionary power" for the purposes of ss 476(1)(d) and 476(3) of Migration Act 1958 (Cth) WORDS AND PHRASES – "discretionary power" Migration Act 1958 (Cth) ss 65, 348, 349, 476(1)(d), 476(3)
Ward v Williams (1955) 92 CLR 496 referred to Coal & Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 74 ALJR 1348 considered Igancio v Minister for Immigration & Multicultural Affairs (1996) 69 FCR 81 referred to Singh v Minister for Immigration & Multicultural Affairs (unreported, Federal Court of Australia, Mansfield J, 4 July 1997) referred to Jun v Minister for Immigration & Multicultural Affairs [2000] FCA 867 referred to NARENDRA LAL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 698 OF 2000 MOORE J 24 OCTOBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 698 OF 2000
BETWEEN: NARENDRA LAL
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 24 OCTOBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. 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 698 OF 2000
BETWEEN: NARENDRA LAL
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
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