Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Lim [2001] FCA 512 MIGRATION ‑ Visa applications ‑ Certain applicants for Prospective Marriage (Temporary) (Class TO) visa taken to have applied for Partner (Migrant) (Class BC) visa ‑ A requirement for an application to be so taken is that after the original application has been made, but before it is decided, the applicant marries the person specified in the application ‑ Whether time limit relates to decision of Minister or his delegate, or the decision of the Tribunal on review.
Migration Act 1958 s 5(9) Migration Regulations 1994 regs 2.08A, 2.08E Migration Amendment Regulations 1999 (No 13) reg 5(4)(a) Trevisan v Commissioner of Taxation (1991) 29 FCR 157 applied Comcare v Thompson (2000) 100 FCR 375 cited Gill v Donald Humberstone & Co Ltd [1963] 3 All ER 180 considered Peniche v Minister for Immigration and Multicultural Affairs [1999] FCA 709 considered Cabal v Minister for Immigration and Multicultural Affairs (No 4) [2000] FCA 1806 considered THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v VOCK LIM V 983 OF 2000 SUNDBERG J 4 MAY 2001 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 983 OF 2000
BETWEEN: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
APPLICANT
AND: VOCK LIM
RESPONDENT
JUDGE: SUNDBERG J
DATE OF ORDER: 4 MAY 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The decision of the Migration Review Tribunal be set aside. 2. The matter be remitted to the Tribunal for determination in accordance with law. 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 V 983 OF 2000
BETWEEN: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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