Dranichnikov v Minister for Immigration & Multicultural Affairs [2001] FCA 18

FEDERAL COURT OF AUSTRALIA

Dranichnikov v Minister for Immigration & Multicultural Affairs [2001] FCA 18

MIGRATION – application for a protection visa – prohibition on further applications whilst applicant within the migration zone – effect of applicant's inclusion within husband's earlier application – second application validly rejected.

ADMINISTRATIVE LAW – judicial review – application for review of a decision – decision to refuse application for a protection visa – legality of refusal – whether decision infected by bad faith or an improper purpose. Migration Act 1958 (Cth) ss 5, 29(1), 31, 36(1), 36(2), 46(1)(d), 47(1), 47(3), 48A(1), 48A (2), 48B, 49 Migration Regulations 1994 (Cth) Regulations 2.01, 2.02, 2.03, 2.07, Schedule 1 pt 4, item 1401(3), Schedule 2 subclass 866 Migration Amendment Act (No.6) 1995 (Cth) s 14 Migration Reform Act 1992 (Cth) s 39 Migration Legislation Amendment Act 1994 (Cth) Schedule 2

Hajj Imrana Munkayilar v Minister for Immigration and Multicultural Affairs (1997) 1333 FCA (21 October 1997) Mijoljevic v Minister for Immigration and Multicultural Affairs (1999) FCA 834 (25 June 1999) OLGA DRANICHNIKOV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND MS RYNEETE GAULT in her capacity as an officer of the Department of Immigration and Multicultural Affairs AND MR KEVIN DUFFY in his capacity as an officer of the Department of Immigration and Multicultural Affairs Q 89 of 2000 DOWSETT J 29 JANUARY 2001 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 89 OF 2000

BETWEEN: OLGA DRANICHNIKOV

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

FIRST RESPONDENT

MS RYNEETE GAULT in her capacity as an officer of the Department of Immigration and Multicultural Affairs