Hammadi v Minister for Immigration & Multicultural Affairs [2000] FCA 1722

FEDERAL COURT OF AUSTRALIA

Hammadi v Minister for Immigration & Multicultural Affairs

[2000] FCA 1722

MIGRATION – protection visas – appellant made application for a protection visa – application was refused by respondent's delegate – Refugee Review Tribunal affirmed delegate's decision – appellant applied to Federal Court of Australia for review – whilst legally represented, appellant consented to order dismissing application for review – in meantime Migration Regulations had been amended by introducing two sub-classes of protection visas, namely temporary and permanent protection visas – after application for review dismissed, appellant applied for temporary protection visa – s 48A of Migration Act 1958 (Cth) prevented further application for protection visas in appellant's circumstances – whether application for a temporary protection visa was an application for a protection visa – whether respondent's delegate erred in deciding that the application was not a valid application – s 47 of the Act provided that delegate's decision that an application for a visa was not valid was not a decision to refuse to grant a visa – Tribunal's jurisdiction under the Act relevantly confined to review of a decision to refuse to grant a protection visa – whether determination of Deputy Registrar of Refugee Review Tribunal that application to review delegate's decision was beyond Tribunal's jurisdiction was a judicially reviewable decision.

Migration Act 1958 (Cth), ss 46(1)(d), 47, 48A(1), 475(1)(c), 485 HAMMADI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 127 of 2000

LEE, CARR & TAMBERLIN JJ PERTH 28 NOVEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 127 OF 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: JEMARI HAMMADI