Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Van Deventer v Minister for Immigration & Multicultural Affairs
[2002] FCA 484
WILLIAM VAN DEVENTER v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
W482 OF 2001
CARR J
17 APRIL 2002
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRLIA DISTRICT REGISTRY W482 OF 2001
BETWEEN: WILLIAM VAN DEVENTER
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE OF ORDER: 17 APRIL 2002
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The injunction granted on 30 November 2001 be discharged. 3. The applicant pay the respondent's costs including all reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRLIA DISTRICT REGISTRY W482 OF 2001
BETWEEN: WILLIAM VAN DEVENTER
Applicant
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE: 17 APRIL 2002
PLACE: PERTH
REASONS FOR JUDGMENT
INTRODUCTION 1 This is a motion on notice by the respondent seeking orders that the principal application be dismissed, that an interlocutory injunction, granted on 30 November 2001, be discharged and that the applicant pay the respondent's costs including reserved costs. The respondent advances three bases for his motion. The first is that the application is defective in that it seeks review of a decision of the Administrative Appeals Tribunal which did not occur. Secondly, even if the applicant were to amend the application so that it became one to review the respondent's decision to cancel the applicant's visa, the Court, so the respondent contends, has no jurisdiction to hear the application because it was filed out of time and s 477(1) of the Migration Act 1958 (Cth) ("the Act") prevents the Court from extending that time. Thirdly, the respondent submits that the application discloses no reasonable cause of action, alternatively that it is frivolous or vexatious and an abuse of process.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate