Fang Wang v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1044

FEDERAL COURT OF AUSTRALIA

Fang Wang v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1044 FANG WANG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND ANOR N 637 of 2003 ALLSOP J 17 SEPTEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 637 of 2003

BETWEEN: FANG WANG

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

THE MIGRATION REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA

SECOND RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 17 SEPTEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. A writ of certiorari removing into this court to be quashed the decision of the Migration Review Tribunal of the Commonwealth of Australia (the Tribunal) made at Sydney on 14 May 2003 affirming a decision of the delegate of the first respondent Minister to reject the applicant's spouse's application for a subclass 309 visa. 2. A declaration that the said purported decision of the Tribunal is not a "privative clause decision" as defined in subs 474(2) of the Migration Act, 1958 (Cth) being made in excess of jurisdiction. 3. The matter be remitted to the Tribunal to be dealt with according to law. 4. The first respondent pay the applicant's 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 637 of 2003

BETWEEN: FANG WANG

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

THE MIGRATION REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA

SECOND RESPONDENT

JUDGE: ALLSOP J