Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Knauder v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 449 MIGRATION – Partner (Residence) Visa – applicant sought an order directing the Migration Review Tribunal ("MRT") to review an adverse decision of the respondent Minister – applicant incarcerated in NSW prison in relation to extradition warrant and unable to lodge application for review to MRT within time limit – time limits no bar to seeking judicial review of original administrative decision – no justiciable error MIGRATION – applicant unable to rely on s 256 of the Migration Act 1958 (Cth) because he was not at relevant times in immigration detention – no effective policy embodying the spirit of s 256 for persons incarcerated but not in immigration detention – possible need for administrative law reform Lee v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 305, followed FRANK ANDREAS KNAUDER v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N1307 of 2002 MADGWICK J 1 MAY 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1307 OF 2002
BETWEEN: FRANK ANDREAS KNAUDER
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 1 MAY 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 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 N1307 OF 2002
BETWEEN: FRANK ANDREAS KNAUDER
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE: 1 MAY 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 This is an application for judicial review, made pursuant to s 39B of the Judiciary Act 1903 (Cth) and purportedly to s 51 of the Administrative Decisions (Judicial Review) Act 1977 (Cth), which seeks an order directing the Migration Review Tribunal ("the Tribunal") to hear an application for review, which the applicant made to the Tribunal, in respect of a decision by a delegate of the respondent Minister refusing to grant the applicant a Partner (Residence) visa. 2 The application was refused on the basis that the relationship between the applicant and his spouse had broken down. Among other things, the relevant regulation requires that, in addition to being lawfully married, the applicant and the Australian citizen spouse must live together and have an ongoing relationship. 3 The applicant was notified of the delegate's decision by a letter, sending a copy of the decision to his then migration agent on 14 June 2001. However, the applicant did not lodge an application with the Tribunal until 21 December 2001, which he did by way of a letter dated 17 December 2001. He had attended the Tribunal registry to collect the necessary forms to
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