Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGVV v Minister for Immigration and Multicultural Affairs [2007] FCA 127
MIGRATION – appeal – application for bridging visa – whether appellant satisfied criteria in subcl 010.211(3) of Sch 2 to the Migration Regulations 1994 (Cth) – proper construction of subcl 010.211(3) of Sch 2 to the Migration Regulations Migration Act 1958 (Cth) ss 66(1), 66(2), 359A, 368 Migration Regulations 1994 (Cth) Sch 2 subcl 010.211(3) SZGVV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and MIGRATION REVIEW TRIBUNAL NSD 1524 OF 2006
SIOPIS J
15 February 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1524 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGVV
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE: SIOPIS J
DATE OF ORDER: 15 february 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1 The Migration Review Tribunal is joined as the second respondent. 2 The appeal is dismissed. 3 The appellant is to pay the first respondent's costs, fixed in the sum of $3 900. 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 1524 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGVV
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE: SIOPIS J
DATE: 15 february 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 On 9 December 2004 the appellant applied for a Bridging A (Class WA) visa ('the bridging visa'). On 10 December 2004 a delegate of the first respondent refused to grant the bridging visa. By a decision dated 20 July 2005 the Migration Review Tribunal ('the Tribunal') affirmed the decision of the delegate to refuse the bridging visa. On 25 July 2006 a Federal Magistrate dismissed an application for judicial review of the decision of the Tribunal. This is an appeal from that decision. I join the Tribunal as the second respondent. Background 2 It is necessary to place this appeal in its context. The appellant arrived in Australia on 12 March 2000, entering on a Temporary Business Entry (Class UC) Subclass 456 visa. The appellant applied for a protection visa on 7 April 2000 and he was on that date granted a Bridging A (Class WA) visa.
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