Moldrich v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1010

FEDERAL COURT OF AUSTRALIA

Moldrich v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1010 MIGRATION – application to quash decision of delegate of the Minister refusing to waive '8503' condition on applicant's short stay visa – whether failure to accord procedural fairness – application allowed.

Migration Act 1958 (Cth) ss 41(2)(a), 41(2A) Migration Regulations 1994 (Cth) PRISCA OLIVIA CHARLOTTE MOLDRICH v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS No S 124 of 2003 LANDER J ADELAIDE 17 SEPTEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 124 OF 2003

BETWEEN: PRISCA OLIVIA CHARLOTTE MOLDRICH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LANDER J

DATE OF ORDER: 17 SEPTEMBER 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The decision of the delegate of the Minister for Immigration and Multicultural and Indigenous Affairs made on 24 July 2002 refusing to waive the 8503 condition on the applicant's visa be quashed. 2. The matter be remitted to the Minister for Immigration and Multicultural and Indigenous Affairs for further consideration by a delegate other than the delegate who considered the applicant's second request for waiver of the '8503' condition by letter dated 18 July 2002. 3. The Minister for Immigration and Multicultural and Indigenous Affairs be prohibited from removing or deporting the applicant from Australia until such time as the second request mentioned in par 1 above has been considered in accordance with the reasons delivered by me on 17 September 2003, and in accordance with the order in par 1 above. 4. Order that the respondent pay 50% of the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.