Andreola v Director of Public Prosecutions (Vic) [2002] FCA 728

FEDERAL COURT OF AUSTRALIA

Andreola v Director of Public Prosecutions (Vic) [2002] FCA 728

MIGRATION - criminal justice visa - criminal justice stay certificate granted by authorised State official – granted on "subsistence undertaking" given on behalf of State prosecuting authority – difference between terms of undertaking and terms of certificate – visa granted on certificate – whether State entitled to refuse to pay expenses of visa holder – whether visa holder obliged to satisfy State authority that he had no means – whether Court has jurisdiction to deal with application

Migration Act 1958 (Cth) ss 147, 148, 150, 155, 157, 158, 160, 161, 474(3)(g), 475, 476 Goldie v Commonwealth of Australia [2002] FCA 261 referred to DANIEL M ANDREOLA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND DIRECTOR OF PUBLIC PROSECUTION FOR THE STATE OF VICTORIA V 228 of 2002 GRAY J 29 MAY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 228 of 2002

BETWEEN: DANIEL M ANDREOLA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

DIRECTOR OF PUBLIC PROSECUTION FOR THE STATE OF VICTORIA

SECOND RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 29 MAY 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. There be no order as to the costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 228 of 2002

BETWEEN: DANIEL M ANDREOLA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

DIRECTOR OF PUBLIC PROSECUTION FOR THE STATE OF VICTORIA