Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wen v Minister for Immigration & Multicultural Affairs [2001] FCA 979 Migration Act 1958 (Cth) s 338 Migration Regulations 1994, 2nd Sch cl 457.223(7)(a) and (b) Guo v Minister for Immigration and Multicultural Affairs [2000] FCA 146 cited Huang v Minister for Immigration and Multicultural Affairs (2000) 105 FCR 34 distinguished Minister for Immigration and Multicultural Affairs v Thiyagarajah (2000) 74 ALJR 549 distinguished Rahim v Minister for Immigration and Multicultural Affairs (1997) 78 FCR 223 cited XIAO HONG WEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 440 OF 2000 SUNDBERG J 26 JULY 2001 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 440 OF 2000
BETWEEN: XIAO HONG WEN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SUNDBERG J
DATE OF ORDER: 26 JULY 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application be dismissed. 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 440 OF 2000
BETWEEN: XIAO HONG WEN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SUNDBERG J
DATE: 26 JULY 2001
PLACE: MELBOURNE
REASONS FOR JUDGMENT
BACKGROUND 1 The applicant is a Chinese national who in December 1999 applied as an independent executive for a temporary business long stay (sub‑class 457) visa ("the visa"). The applicant and her business partner, Mr Bill Whitehead, attended an interview with a delegate of the respondent on 27 April 2000 and the applicant attended a further interview on 30 May 2000. The visa application was refused in June 2000. The applicant seeks review of this decision by the Court. The decision is not a Migration Review Tribunal reviewable decision as it does not fall within s 338 of the Migration Act 1958 (Cth) ("the Act"). The Court's jurisdiction to review the decision derives from s 486 of the Act.
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