Zhang v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 693

FEDERAL COURT OF AUSTRALIA

Zhang v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 693

JIAN ZHANG v LUKE KALLAUR and MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 580 of 2004 RYAN J 31 MAY 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 580 of 2004

BETWEEN: JIAN ZHANG

Applicant

AND: LUKE KALLAUR

First Respondent

AND MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Second Respondent

JUDGES: RYAN J

DATE OF ORDER: 31 MAY 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application stand over to a date and time to be fixed for the receiving of submissions and, if appropriate, evidence directed to the matter identified at [64]-[65] of the reasons for judgment published this day. 2. At the adjourned hearing directed by paragraph 1 of this order the parties be heard on the orders (including orders as to costs) which should be made in the final disposition of the application herein.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 580 of 2004

BETWEEN: JIAN ZHANG

Applicant

AND: LUKE KALLAUR

First Respondent

AND MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Second Respondent

JUDGES: RYAN J

DATE: 31 MAY 2005

PLACE: MELBOURNE

REASONS FOR JUDGMENT

Introduction 1 There is before the Court an amended application for review under s 39B of the Judiciary Act 1903 (Cth)and s 475A of the Migration Act 1958 (Cth)("the Act") of a decision of the Migration Review Tribunal ("the Tribunal") dated 7 April 2004 affirming a decision of a delegate of the second respondent ("the Minister") not to grant the applicant a Temporary Business Entry (Class UC) subclass 457 business visa.