Powell v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1683

FEDERAL COURT OF AUSTRALIA

Powell v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1683 Federal Court of Australia Act 1976 (Cth) s 23 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 29, 85, 189, 196, 499 Migration Regulations 1994 cl 080.212 Al‑Kateb v Godwin (2004) 208 ALR 1099 considered Businessworld Computer Pty Ltd v Australian Telecommunications Commission (1998) 82 ALR 499 cited McDermott v BP Australia Ltd (1997) ATPR 41-547 cited Minister for Immigration and Multicultural and Indigenous Affairs v VFAD (2002) 125 FCR 249 distinguished Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri (2003) 126 FCR 54 cited MARISA POWELL v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W207 of 2004 MARISA POWELL v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W246 of 2004 RD NICHOLSON J 2 NOVEMBER 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W207 OF 2004

W246 OF 2004

BETWEEN: MARISA POWELL

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 2 NOVEMBER 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application for interlocutory relief in W246 of 2004 dated 2 November 2004 be refused. 2. The applicant's motion for interlocutory relief in W207 of 2004 dated 1 November 2004 be refused. 3. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W207 OF 2004

W246 OF 2004

BETWEEN: MARISA POWELL

APPLICANT