Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tikoisuva v Minister for Immigration & Multicultural Affairs [2001] FCA 1347 MIGRATION – review of decision of Migration Review Tribunal – where Tribunal found that applicant would not satisfy a condition of the visa sought, namely that she not engage in work in Australia – meaning of "work" – whether error of law PROCEDURE – consent orders – jurisdiction to remit matter to Migration Review Tribunal WORDS & PHRASES – "work" Migration Regulations 1994 (Cth) reg 1.03 (definition of "work"), condition 8101 in Sch 8 Dib v Minister for Immigration and Multicultural Affairs (1998) 82 FCR 489 at 495 considered Yulianti v Minister for Immigration & Multicultural Affairs [2001] FCA 142 followed Xiao v Minister for Immigration & Multicultural Affairs [2001] FCA 459 referred to SEREANA TIKOISUVA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1172 of 2001 STONE J 20 SEPTEMBER 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1172 OF 2001
BETWEEN: SEREANA TIKOISUVA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 20 SEPTEMBER 2001
WHERE MADE: SYDNEY
BY CONSENT, THE COURT ORDERS THAT: 1. the decision of the Migration Review Tribunal dated 2 August 2001 be set aside; 2. the matter be remitted to the Migration Review Tribunal for reconsideration. 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 1172 OF 2001
BETWEEN: SEREANA TIKOISUVA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE: 20 SEPTEMBER 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 On 8 August 2001, the applicant filed an application for an order of review from a decision made by the Migration Review Tribunal ("MRT") on 2 August 2001. The MRT affirmed the decision of a delegate of the respondent ("Minister") made on 23 July 2001 refusing to grant the applicant a Bridging Visa E (Class WE) and requiring security in the amount of $5,000 prior to granting a visa.
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