Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dranichnikov v Minister for Immigration and Multicultural Affairs and Ors [2001] FCA 769 MIGRATION – application to review a decision to refuse to accept an application for a protection visa – whether an applicant for a protection visa on the ground that she is a family member of a person who has applied for a protection visa on the ground of refugee status is prevented from later applying for a protection visa as a refugee
Migration Act 1958 (Cth) ss 36, 46, 47, 48A and 48B Migration Regulations 1999 (Cth) Sch 1 Item 1126, subclass 866
Minister for Immigration and Multicultural Affairs v A (1999) 91 FCR 435 – cited Yilmaz v Minister for Immigration and Multicultural Affairs (2000) 100 FCR 495 – cited Minister for Immigration and Multicultural Affairs v Li (2000) 103 FCR 486 - cited DRANICHNIKOV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q 36 of 2001 JUDGES: LEE, FINN AND MERKEL JJ DATE: 22 JUNE 2001 PLACE: MELBOURNE (HEARD IN BRISBANE)
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q36 OF 2001
BETWEEN: OLGA DRANICHNIKOV
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENT
MS L GAUNT in her capacity as an officer of the Department of Immigration and Multicultural Affairs
SECOND RESPONDENT
MR K DUFFY in his capacity as an officer of the Department of Immigration and Multicultural Affairs
THIRD RESPONDENT JUDGES: LEE, FINN AND MERKEL JJ
DATE OF ORDER: 22 JUNE 2001
WHERE MADE: MELBOURNE (HEARD IN BRISBANE)
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders of the primary Judge dismissing the application be set aside and, in lieu thereof, it be ordered that: (a) the first respondent refrain from refusing to accept an application by the appellant for a protection visa on the ground that she is prevented from making such an application under s 48A of the Migration Act 1958 (Cth); (b) the first respondent pay to the appellant her reasonable disbursements incurred in relation to the application and the appeal.
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