Wong v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCA 422

FEDERAL COURT OF AUSTRALIA

Wong v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCA 422

PRACTICE AND PROCEDURE – application by respondent ('the Minister') for stay pending hearing and determination of Minister's appeal – submission by successful applicant (respondent to the Minister's motion and appeal) ('Mr Wong') that stay should be granted only on condition that Minister give proper consideration to issuing Bridging E (Class WE) visa, permitting Mr Wong to be released from detention pending hearing and determination of appeal – common ground that Mr Wong barred from applying for such a visa – whether Minister has power to issue such a visa in absence of application for it, by reason of s 73 of Migration Act 1958 (Cth) – classes of visa created by Act and classes created by being prescribed in Migration Regulations 1994 (Cth) – reg 2.25. Migration Act 1958 (Cth) s 73 Migration Regulations 1994 (Cth) reg 2.25

WONG TAI SHING v MINISTER FOR IMMIGRATION AND

MULTICULTURAL AND INDIGENOUS AFFAIRS N 298 of 2003

LINDGREN J

14 APRIL 2004

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA N 298 OF 2003

NEW SOUTH WALES DISTRICT REGISTRY

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: WONG TAI SHING

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE: 8 APRIL 2004

PLACE: SYDNEY

THE COURT ORDERS THAT:

1. The order absolute in the nature of mandamus made in this proceeding on 6 February 2004, being paragraph (2) of the orders made on that date in proceeding N298 of 2003, be stayed until the hearing and determination of the respondent's appeal in proceeding N 237 of 2004.

2. The costs of the respondent's motion brought by notice of motion filed on 23 February 2004 be paid and borne in accordance with the order for costs made on the appeal.