Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nguyen v Minister for Immigration and Multicultural Affairs [2001] FCA 360 IMMIGRATION – application to review decision of delegate refusing to waive condition 8503 (a 'no further stay' condition) – condition 8503 attached to granting subclass 456 temporary business visa – whether there is an obligation to ensure an applicant is fully consulted about the effect of condition 8503– whether the delegate failed to refer to the applicant's marriage in making decision - whether marriage is a "compelling and compassionate circumstance" WORDS AND PHRASES – "compelling and compassionate circumstances" Migration Act 1958 ss 41(2), 475(1), 478, 481(1) Migration Regulations 1994 (Cth) sch 8 Thongpraphai v Minister of Immigration and Multicultural Affairs [2000] FCA 1590 followed Mafi v Minister for Immigration and Multicultural Affairs [2000] FCA 566 followed TINH TAI NGUYEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V555 OF 2000 MARSHALL J MELBOURNE 6 MARCH 2001
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V555 OF 2000
BETWEEN: TINH TAI NGUYEN
APPLICANT
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 6 MARCH 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant to pay respondent's costs, including reserved costs, if any. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V555 OF 2000
BETWEEN: TINH TAI NGUYEN
APPLICANT
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MARSHALL
DATE: 6 MARCH 2001
PLACE: MELBOURNE
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