Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gomes v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1360 MIGRATION – application for review of decision of Migration Review Tribunal refusing permanent resident visa – no precedential value. Migration Act 1958 (Cth) ss 474, 478(a) GABRIAL PATRICK GOMES V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NO. N 150 OF 2002 BEAUMONT J 25 OCTOBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 150 OF 2002
BETWEEN: GABRIAL PATRICK GOMES
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BEAUMONT J
DATE OF ORDER: 25 OCTOBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed, with costs. 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 150 OF 2002
BETWEEN: GABRIAL PATRICK GOMES
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BEAUMONT J
DATE: 25 OCTOBER 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT
Beaumont J: 1 By his application filed by the applicant in person dated 28 February 2002, the applicant seeks to challenge the decision of the Migration Review Tribunal ("the Tribunal") refusing a Permanent Resident Visa. 2 By his notice of objection to competency, the Minister for Immigration and Multicultural Affairs ("the Minister") objects to the jurisdiction of the Court to try the application on the following grounds. "1. The decision sought to be challenged in this Application ('the Decision') is a 'privative clause decision' as that term is defined in section 474(2) of the Migration Act 1958 ('the Act'). 2. The Decision was made on a review under Part 5 of the Act. 3. Section 478(a) of the Act has the effect that where an application to this honourable Court under s39B of the Judiciary Act is for review of a decision by the Migration Review Tribunal under Part 5 of the Act, the application can only be made by the Minister or the applicant in the review by the Migration Review Tribunal.
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