W338/01A v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 544

FEDERAL COURT OF AUSTRALIA

W338/01A v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 544 Migration Act 1958 (Cth) ss 36(2), 476, 476(1)(e), 476(1)(g), 476(4)(b) Prahastono v Minister for Immigration & Multicultural Affairs (1997) 77 FCR 260 referred to Harirchi v Minister for Immigration & Multicultural Affairs [2001] FCA 474 referred to Minister for Immigration & Multicultural & Indigenous Affairs v Kord [2002] FCA 334 considered Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 referred to Applicant A v Minister for Immigration & Ethnic Affairs (1997) 190 CLR 225 referred to Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Chen Shi Hai v Minister for Immigration & Multicultural Affairs (2000) 201 CLR 293 referred to Minister for Immigration & Multicultural Affairs v Ibrahim (2000) 204 CLR 1 considered Ji Dong Wang v Minister for Immigration & Multicultural Affairs [2000] FCA 511 referred to Applicant Z v Minister for Immigration & Multicultural Affairs [2001] FCA 1714 referred to Waterford v The Commonwealth of Australia (1987) 163 CLR 54 referred to Minister for Immigration & Multicultural Affairs v Al-Miahi (2001) 65 ALD 141 considered Minister for Immigration & Multicultural Affairs v Indatissa (2001) 64 ALD 1 considered W338/01A v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W338 of 2001 RD NICHOLSON J 3 MAY 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W338 of 2001

BETWEEN: W338/01A

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 3 MAY 2002

WHERE MADE: PERTH

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.