Vishnumolakala v Minister for Immigration and Multicultural Affairs (No 2) [2007] FCA 594

FEDERAL COURT OF AUSTRALIA

Vishnumolakala v Minister for Immigration and Multicultural Affairs (No 2) [2007] FCA 594 RAVI KUMAR VISHNUMOLAKALA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS No NSD 1983 of 2006

FINN J

27 APRIL 2007

ADELAIDE (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1983 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: RAVI KUMAR VISHNUMOLAKALA

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: FINN J DATE OF ORDER: 27 APRIL 2007

WHERE MADE: ADELAIDE (heard in sydney)

THE COURT ORDERS THAT:

1. The appeal be dismissed with 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 1983 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: RAVI KUMAR VISHNUMOLAKALA

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: FINN J

DATE: 27 april 2007

PLACE: ADELAIDE (HEARD IN SYDNEY)

REASONS FOR JUDGMENT 1 This appeal from a decision of a Federal Magistrate refusing relief by way of constitutional writs against a decision of the respondent Minister's delegate has taken an unusual course. Of the seven grounds contained in the original application all but one have been abandoned. Leave was sought to raise four new grounds. In turn two of these were abandoned. I refused leave in the case of another at an earlier interlocutory hearing and indicated I would consider the remaining application for leave at this hearing. The ground sought to be raised was not in issue before the Federal Magistrate. I will refer to these two live grounds separately below.