Filimoehala v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1305

FEDERAL COURT OF AUSTRALIA

Filimoehala v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1305 IMMIGRATION – interlocutory application to prevent removal pending special leave to appeal to the High Court – application for exercise of Ministerial discretion under s 417 of the Migration Act 1958 (Cth) – delay of four and a half years in processing applications for bridging visas – daughter obtained Australian citizenship – s 198(6) of Migration Act 1958 (Cth) – duty to remove imperative – where no valid application for any substantive visa – cogent grounds for exercise of Ministerial discretion – application dismissed Australian Citizenship Act 1948 (Cth) s 10 Migration Act 1958 (Cth) Migration Regulations 1994 (Cth) NANO v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 205 referred to Jennings Constructions Ltd v Burgundy Royale Investments Pty Ltd (No 1) (1986) 161 CLR 681 followed M38/2002 v Minister for Immigration and Multicultural Affairs (2003) 199 ALR 290 followed

LATAKITUAKOLO FILIMOEHALA and OFA KILISITINA FILIMOEHALA v

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N 1695 OF 2003

TAMBERLIN J

SYDNEY

14 NOVEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1695 OF 2003

BETWEEN: LATAKITUAKOLO FILIMOEHALA

FIRST APPLICANT

OFA KILISITINA FILIMOEHALA

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 14 NOVEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 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