Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tennakoon v Minister for Immigration & Multicultural Affairs [2001] FCA 615
MIGRATION – visas – application for Bridging E visa – decision to require security for compliance with conditions – decision to refuse application – review by Migration Review Tribunal of both decisions – legislative scheme relating to Bridging E visas – purpose of power to require security – fixing amount of security without reference to financial circumstances of particular applicant – whether an exercise of power for a proper purpose –whether possible to give effect to legislative scheme by treating matters entirely separately – whether legislative scheme requires steps to be completed in order – failure to follow required steps – failure to make findings as to an applicant's financial circumstances – whether failure to observe procedures required by the Act and the regulations – whether error of law
Migration Act 1958 (Cth) ss 269(1), 338(4)(a), 338(9), 347, 348, 349, 430(1)(b), 430(1)(c), 476(1)(a), 476(1)(d), 476(1)(e), 481(1)(a), 481(1)(b) Migration Regulations 1994 (Cth) regs 4.02, 4.12, 4.15, Sch 2 cll 050.213, 050.214, 050.223, 050.224 Migration Amendment Regulations 2000 (No. 5) (Cth) reg 2(b), Sch 4 Pt 3 Migration Amendment Regulations 2000 (No. 7) (Cth) Federal Court Rules O 80 r 9
Tutugri v Minister for Immigration & Multicultural Affairs [1999] FCA 1785, (1999) 95 FCR 592, referred to Takli v Minister for Immigration & Multicultural Affairs [2000] FCA 1186, referred to Minister for Immigration & Multicultural Affairs v Anthonypillai [2001] FCA 274, applied Allesch v Maunz [2000] HCA 40, (2000) 173 ALR 648, referred to Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47, (2000) 174 ALR 585, referred to Mitrevski v Minister for Immigration & Multicultural Affairs [2001] FCA 221, followed Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 845, (2000) 98 FCR 469, followed Wang v Minister for Immigration & Multicultural Affairs [2001] FCA 448, cited
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