Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Abeywardane v Minister for Immigration & Multicultural Affairs [2002] FCA 255
MIGRATION – long stay temporary business entry visa – collateral application by proposed employer for business sponsor visa – refusal by delegate – review by tribunal – application for review by court – tribunal deciding business entry visa before application for business sponsor visa – whether failure to observe procedures – whether error of law in application Evidence Act 1995 (Cth) ss 84(1) and (2), 135(a) and (b), 136(a) and (b), 138(1), (2)(a) and (b) Migration Act 1958 (Cth) ss 476(1)(a), 476(1)(b), 476(1)(e) Migration Regulations reg 1.20D Smith v NSW Bar Association (1992) 176 CLR 256 followed Londish v Golf Pacific Pty Ltd (1993) 45 FCR 128 followed Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 cited Avon Downs Proprietary Limited v The Federal Commissioner of Taxation (1949) 78 CLR 353 cited Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 cited SUZANNE BEVERLEY ABEYWARDANE and MOHAN LUXSMAN ALBERT ABEYWARDANE and SURESH LUXMAN ABEYWARDANE and KRISTINA ANNE MARIE ABEYWARDANE v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 81 of 2001 RD NICHOLSON J 15 MARCH 2002 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 81 of 2001
BETWEEN: SUZANNE BEVERLEY ABEYWARDANE
MOHAN LUXSMAN ALBERT ABEYWARDANE
SURESH LUXMAN ABEYWARDANE
KRISTINA ANNE MARIE ABEYWARDANE
APPLICANTS
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: RD NICHOLSON J
DATE OF ORDER: 15 MARCH 2002
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The applicants' motion dated 23 January 2002 be refused. 2. The application for review be dismissed. 3. The applicants pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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