Akpata v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1117

FEDERAL COURT OF AUSTRALIA

Akpata v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1117 MIGRATION – illegal non-citizen in immigration detention following refusal of visa under s 501 on character ground – application for bridging visa – whether application valid having regard to s 46(1) – proper construction of s 46(1) – application not determined within period prescribed under s 75(1) – whether application deemed to have been granted – whether s 75(1) applied if application not valid by reason of s 46(1).

Migration Act 1958 (Cth) ss 46, 48A, 74(1), 75(1), 501, 501E, 501F Judiciary Act 1903 (Cth) s 78B Migration Regulations 2.20, 2.24, Sch 2 cl 050.211, Sch 2 cl 050.212 Akpata v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 389 referred to Goodwin v Phillips [1908] 7 CLR 1 applied Massey-Harris Co Ltd v Strasbourg [1941] 4 DLR 620 David v Grocon Ltd (1992) 2 VF 661 referred to STEPHEN OGHO AKPATA v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS No S 778 of 2003 MANSFIELD J ADELAIDE 14 OCTOBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 778 OF 2003

BETWEEN: STEPHEN OGHO AKPATA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 14 OCTOBER 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay to the respondent costs of this application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 778 OF 2003

BETWEEN: STEPHEN OGHO AKPATA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS