Korovata v Minister for Immigration and Multicultural Affairs [2001] FCA 1446

FEDERAL COURT OF AUSTRALIA

Korovata v Minister for Immigration and Multicultural Affairs [2001] FCA 1446

MIGRATION – application for Temporary Social Sporting visa – applicant provided address for service on application for review before Migration Review Tribunal – letter advising of hearing not sent to address for service – letter advised hearing would be by telephone – requested applicant to provide a contact telephone number – letter did not advise place at which hearing would take place – whether Migration Review Tribunal failed to comply with procedures required by s 360 and s 360A of Migration Act 1958 – whether r 1.20 and Item 421 of Schedule 2 of the Migration Regulations 1994 requires that sponsor be approved by respondent – whether any utility in setting aside decision – whether Migration Review Tribunal took into account irrelevant consideration Migration Act 1958 (Cth) ss 360, 360A, 366, 379A Migration Regulations 1994 r 1.20, Item 421 (Schedule 2) Rodwell v Minister for Immigration, Local Government & Ethnic Affairs (1992) 28 ALD 195 cited

IOWANI KOROVATA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1100 OF 2001 EMMETT J 28 SEPTEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1100 OF 2001

BETWEEN: IOWANI KOROVATA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND ANOR

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 28 SEPTEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Migration Review Tribunal of 22 June 2001 be set aside. 2. The matter be remitted to the Tribunal for reconsideration according to law and in accordance with the Migration Act. 3. The respondent pay the applicant's costs of the application.

IN THE FEDERAL COURT OF AUSTRALIA