Baldassarra v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 239

FEDERAL COURT OF AUSTRALIA

Baldassarra v Minister for Immigration & Multicultural & Indigenous Affairs

[2005] FCA 239

MIGRATION – judicial review – permanent Business Skills (Residence) (Class BH) visa – refusal of visa by delegate for failure to meet criterion relating to number of full-time employees – application to Migration Review Tribunal – two and a half year delay between application and hearing – sale of business in meantime – no business owned at time of Migration Review Tribunal decision – ownership of business necessary criterion at time of decision – no other meritorious grounds – judicial review application dismissed Migration Act 1958 (Cth) VITTORIO BALDASSARRA AND OTHERS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS WAD104 OF 2004

FRENCH J 11 MARCH 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W104 OF 2004

BETWEEN: VITTORIO BALDASSARRA

FIRST APPLICANT

GRACE BALDASSARRA

SECOND APPLICANT

NINO VITTORIO BALDASSARRA

THIRD APPLICANT

LUCA CARLO BALDASSARRA

FOURTH APPLICANT

ALESSIA ROMAN BALDASSARRA

FIFTH APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 11 MARCH 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicants pay the respondent's costs of the application. 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 W104 OF 2004

BETWEEN: VITTORIO BALDASSARRA

FIRST APPLICANT

GRACE BALDASSARRA

SECOND APPLICANT