Applicant S453 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1106

FEDERAL COURT OF AUSTRALIA

Applicant S453 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1106

MIGRATION – application for constitutional writs remitted from High Court – bridging visa – conditions prohibit working or studying – whether the conditions stipulated by the Migration Regulations 1994 (Cth) are beyond the powers conferred by the Migration Act 1958 (Cth) – whether the conditions contrary to Australia's international obligations – whether evidence that the Minister (or the Commonwealth) breached a duty of care owed to the applicant – application for order nisi dismissed

Constitution s 75(v) Migration Act 1958 (Cth) ss 29, 30, 37, 41 Health Insurance Act 1973 (Cth) Migration Regulations 1994 (Cth) regs 2.04, 2.05, Sch 2 cl 050.612A Federal Court Rules O 46 r 7A, O 51A r 5

Applicants S61 of 2003 v Refugee Review Tribunal (2004) 206 ALR 461 cited Applicant M171/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 220 cited Re Australian Nursing Federation; Ex parte State of Victoria (1993) 112 ALR 177 cited Minister for Immigration & Ethnic Affairs v Teoh (1995) 183 CLR 273 cited Amrit Lal Narain v Parnell (1986) 9 FCR 479 referred to Applicant NAGM of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 125 FCR 488 referred to APPLICANT S453 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 588 of 2004 SACKVILLE J SYDNEY 30 AUGUST 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 588 of 2004

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: APPLICANT S453 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SACKVILLE J