Takitaki v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 445

FEDERAL COURT OF AUSTRALIA

Takitaki v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 445 MIGRATION LAW - application under s 39B of the Judiciary Act 1903 (Cth) for relief by way of prerogative writ in relation to two decisions of the Migration Review Tribunal refusing applications for bridging visas – whether error made by Tribunal in the first decision fell outside the operation of privative clause – whether the Tribunal made an error of law in the second decision. Migration Act 1958 (Cth) ss 59, 474(1) Judiciary Act 1903 (Cth) s 39B R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 followed Darling Casino Limited v New South Wales Casino Control Authority (1997) 191 CLR 602 cited NAAX v The Minister for Immigration and Multicultural Affairs [2002] FCA 263 cited NABE v The Minister for Immigration and Multicultural Affairs [2002] FCA 381 cited

SIAATOUTAI TAKITAKI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1649 OF 2001 SIAATOUTAI TAKITAKI V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 181 OF 2002 HILL J 9 APRIL 2002 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA GENERAL DISTRIBUTION

NEW SOUTH WALES DISTRICT REGISTRY N 1649 OF 2001

BETWEEN: SIAATOUTAI TAKITAKI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 9 APRIL 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant 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.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 181 OF 2002

BETWEEN: SIAATOUTAI TAKITAKI

APPLICANT