Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Verlicia v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1529
MIGRATION – written request for waiver of condition 8503 refused – whether irrelevant considerations taken into account – whether failure to take into account a relevant consideration – whether denial of procedural fairness – facts do not support a finding of jurisdictional error – application for constitutional writs dismissed
Migration Act 1958 (Cth) ss 41, 46 Migration Regulations 1994 (Cth) reg 2.05
Auva'a, in the matter of an application for a Writ of Prohibition and Certiorari and Declaratory and Injunctive Relief against Vanstone [2003] FCA 1506 referred to VERLICIA v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 1612 OF 2004 MOORE J 26 NOVEMBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1612 OF 2004
BETWEEN: VERLICIA
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 26 NOVEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1612 OF 2004
BETWEEN: VERLICIA
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 26 NOVEMBER 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This judgment concerns an application under s 39B of the Judiciary Act 1903 (Cth) for constitutional writs in respect of a decision of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister"), by her delegate, to refuse to waive condition 8503 of the applicant's Visitor Visa (subclass 676). On 5 November 2004, the applicant made an urgent application for interlocutory relief to prevent the Minister removing her from Australia that day. Conti J ordered that the Minister be restrained from removing the applicant from Australia and stood over for further hearing on 12 November 2004 the interlocutory application: Verlicia v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1446. The matter was then transferred to my docket. On 12 November 2004, the parties consented to the matter being stood over for hearing of the application on a final basis on 22 November 2004.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate