Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Warwick International College Pty Ltd v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 683 MIGRATION – appeal from Migration Review Tribunal – refusal of approval of applicant as standard business sponsor – whether tribunal asked the wrong question in requiring applicant to comply with undertakings as to financial responsibilities from its own income or assets – decision of tribunal a privative clause decision within protection of s 474(1) – no "jurisdictional error" Judiciary Act 1903 (Cth) s 39B Migration Act 1958(Cth) s 474(1) Migration Regulations 1994 (Cth) reg 1.20D(2)(f)(ii)
Plaintiff S157/2002 v Commonwealth (2003) 195 ALR 24 applied R v Hickman; ex parte Fox and Clinton (1945) 70 CLR 598 cited
WARWICK INTERNATIONAL COLLEGE PTY LTD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS Q 48 OF 2003 HEEREY J 8 JULY 2003 MELBOURNE (HEARD IN BRISBANE)
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q48 OF 2003
BETWEEN: WARWICK INTERNATIONAL COLLEGE PTY LTD
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: HEEREY J
DATE OF ORDER: 8 JULY 2003
WHERE MADE: MELBOURNE (HEARD IN BRISBANE)
THE COURT ORDERS THAT:
1. The application is dismissed.
2. The applicant pay the respondent's costs, including 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
QUEENSLAND DISTRICT REGISTRY Q48 OF 2003
BETWEEN: WARWICK INTERNATIONAL COLLEGE PTY LTD
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: HEEREY J
DATE: 8 JULY 2003
PLACE: MELBOURNE (HEARD IN BRISBANE)
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