Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kesic v Minister for Immigration and Multicultural Affairs [2001] FCA 1270
MIGRATION – application for bridging visa – whether application a valid application – whether applicant an "eligible non-citizen" – whether applicant had not come to the notice of the Department of Immigration as an illegal entrant or an unlawful non-citizen within 45 days of entering Australia – dispute as to date of applicant's arrival – whether no evidence to justify the decision of the Minister's delegate that application not a valid application – whether Court can look beyond the material before the decision-maker in reviewing decision of delegate Migration Act 1958 (Cth) ss 46, 47, 72, 73, 475(1)(c), 476 Migration Regulations 1994 (Cth) regs 2.07, 2.20, Sch 1 item 1305 Curragh Queensland Mining Limited v Daniel (1992) 34 FCR 212 considered Yilan v Minister for Immigration and Multicultural Affairs [1999] FCA 854; 55 ALD 600 cited Minister for Immigration and Multicultural Affairs v Indatissa [2001] FCA 181 applied MILAN KESIC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 620 of 2001 BRANSON J SYDNEY 7 SEPTEMBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 620 of 2001
BETWEEN: MILAN KESIC
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 7 SEPTEMBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 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
NEW SOUTH WALES DISTRICT REGISTRY N 620 of 2001
BETWEEN: MILAN KESIC
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: BRANSON J
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