Akpata v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 913

FEDERAL COURT OF AUSTRALIA

Akpata v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 913

MIGRATION – procedural fairness – application made in Migration Review Tribunal for review of decision refusing parent visa – where application for fee waiver lodged with Migration Review Tribunal – application refused on basis that applicants failed to demonstrate severe financial hardship – application for review subsequently declared ineligible – whether application 'properly made' under s 347 of the Migration Act 1958 (Cth) – where application for fee waiver refused, fee must be paid within a reasonable time – where the fee is not paid within a reasonable time application ceases to be 'properly made' under the Act.

Braganza v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 364 applied Akpata v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 65 cited TREASURE AKPATA, FORTRESS AKPATA, PRECIOUS AKPATA & STEPHEN AKPATA v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S 55 of 2004 LANDER J 14 JULY 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 55 OF 2004

BETWEEN: TREASURE AKPATA

FIRST APPLICANT

FORTRESS AKPATA

SECOND APPLICANT

PRECIOUS AKPATA

THIRD APPLICANT

STEPHEN AKPATA

FOURTH APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LANDER J

DATE OF ORDER: 14 JULY 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is dismissed. 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 55 OF 2004