Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vumentala v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 744
MIGRATION – validity of visa application – whether visa application charge paid when application made – attempted payment by credit card – incomplete credit card details – whether charge paid a question of fact
Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 46, 47
Bal v Minister for Immigration and Multicultural Affairs (2002) 189 ALR 566 distinguished SRINIVAS REDDY VUMENTALA v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 528 of 2004 BRANSON J 11 JUNE 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 528 of 2004
BETWEEN: SRINIVAS REDDY VUMENTALA
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 11 JUNE 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. An order in the nature of certiorari issue quashing the decision of the respondent that the applicant's application for a subclass 497 Graduate Skilled Temporary visa is invalid. 2. An order in the nature of mandamus issue requiring the respondent to consider the applicant's application for a subclass 497 Graduate Skilled Temporary visa. 3. The respondent pay the applicant's costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 528 of 2004
BETWEEN: SRINIVAS REDDY VUMENTALA
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BRANSON J
DATE: 11 JUNE 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT
introduction 1 The applicant has invoked the jurisdiction of the Court under s 39B of the Judiciary Act 1903 (Cth) seeking relief in respect of a decision of a delegate of the respondent that the applicant's application for a subclass 497 Graduate Skilled Temporary visa is invalid. The only basis upon which it is suggested that the application is invalid is that the applicable visa application charge required to be paid at the time when the application is made was not paid.
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