Dranichnikov v Minister of Immigration and Mulitcultural Affairs [2000] FCA 1801

FEDERAL COURT OF AUSTRALIA

Dranichnikov v Minister for Immigration and Multicultural Affairs [2000]

FCA 1801

MIGRATION ‑ application for protection visa – whether claimed fear referable to membership of particular social group – whether Tribunal erred in failing to consider ground of political opinion – where political opinion not in issue before Tribunal – application to Tribunal for review of its decision – refusal to consider invalid application – whether judicially-reviewable decision – application for bridging visa – whether refusal to consider invalid application – whether judicially-reviewable decision – futility of remittal Migration Act 1958, ss 48A, 48B, 416, 419, 475, 478(1)(b), 485. Judiciary Act 1903, s 39B Le Tran Thuy v Minister for Immigration and Multicultural Affairs [1999] FCA 1598, referred to Minister for Immigration and Multicultural Affairs v A (1999) 91 FCR 435 at 450-452, referred to Minister for Immigration and Multicultural Affairs v Thiyagarajah (2000) 74 ALJR 549, applied SERGEY DRANICHNIKOV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q13 OF 2000 Q14 OF 2000 JUDGES: WHITLAM, TAMBERLIN & SUNDBERG JJ DATE: 14 DECEMBER 2000 PLACE: SYDNEY (HEARD AT BRISBANE)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 13 OF 2000

On appeal from a Judge of the Federal Court of Australia

BETWEEN: SERGEY DRANICHNIKOV

APPELLANT

AND: MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: WHITLAM, TAMBERLIN & SUNDBERG JJ

DATE OF ORDER: 14 DECEMBER 2000

WHERE MADE: SYDNEY (Heard at Brisbane)

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.