Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ogawa v Minister for Immigration and Multicultural Affairs and Anor [2006] FCA 1694
ADMINISTRATIVE LAW – migration – application for Bridging visa – whether judicial review proceedings had been finalised under Migration Regulations 1994 – deemed abandonment of application for special leave to appeal to High Court of Australia – withdrawal of request for Ministerial intervention pursuant to s 351 of the Migration Act 1958 (Cth) Held: appeal dismissed Migration Act 1958 (Cth), s351 High Court Rules 2004, Rule 41.10.4 Migration Regulations 1994 Gauthiez v Minister for Immigration and Ethnic Affairs (1994) 53 FCR 512, referred to Re Minister for Immigration and Multicultural and Indigenous Affairs and Another; Ex parte applicants S134/2002 [2003] 211 CLR 441, followed R v. Governor of Brixton Prison. Ex parte Soblen [1963] 2 Q.B. 243, cited Scargill v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 116, referred to SZAJB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 782, referred to MEGUMI OGAWA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND MIGRATION REVIEW TRIBUNAL NSD 1388 OF 2006
COWDROY J
15 DECEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1388 OF 2006
BETWEEN: MEGUMI OGAWA
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE OF ORDER: 15 DECEMBER 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first 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 1388 OF 2006
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