D'Costa v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 619

FEDERAL COURT OF AUSTRALIA

D'Costa v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 619

MIGRATION – Subclass 457 visa – Whether applicant complied substantially with previous visa – Whether employer/employee relationship existed – Whether change of employer Judiciary Act 1903 (Cth) s 39B Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 at 24, 35, 36, 37 and 38 referred to Zurich Australian Insurance Ltd v AMEC Pty Ltd (unreported, 31 March 1998, Kennedy, Pidgeon and Ipp JJ, Supreme Court of Western Australia) referred to

DESMOND ANTHONY D'COSTA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS, DANICA BULJAN (in her capacity as a Member of the Migration Review Tribunal) and STEVE KARAS (in his capacity as Principal Member of the Migration Review Tribunal) V455 of 2004 WEINBERG J 16 MAY 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V455 OF 2004

BETWEEN: DESMOND ANTHONY D'COSTA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

DANICA BULJAN (in her capacity as a Member of the Migration Review Tribunal)

SECOND RESPONDENT

STEVE KARAS (in his capacity as Principal Member of the Migration Review Tribunal)

THIRD RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 16 MAY 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The decision of the Migration Review Tribunal given on 9 March 2004 be set aside. 2. The matter be remitted to the Migration Review Tribunal to be heard and determined according to law. 3. The first respondent pay the applicant's costs of and incidental to this application, save for the sum of $1250. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.