Karan v Minister for Immigration and Border Protection [2017] FCA 872

FEDERAL COURT OF AUSTRALIA

Karan v Minister for Immigration and Border Protection [2017] FCA 872 Appeal from: Karan v Minister for Immigration [2016] FCCA 3157

File number(s): NSD 2233 of 2016

Judge(s): SIOPIS J

Date of judgment: 2 August 2017

Catchwords: MIGRATION – application for waiver of a no further stay condition on visa – whether the decision-maker failed to consider the visa applicant's claim.

Legislation: Migration Act 1958 (Cth) ss 41, 41(2A) Migration Regulations 1994 (Cth) reg 2.05(4), Sch 8 cl 8503

Cases cited: Soliman v University of Technology, Sydney (2012) 207 FCR 277 Singh v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 152

Date of hearing: 17 May 2017

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 34

Counsel for the Appellant: Mr LJ Karp

Counsel for the Respondent: Mr MP Cleary

Solicitor for the Respondent: Mills Oakley

ORDERS NSD 2233 of 2016

BETWEEN: WILLIAM KARAN Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent

JUDGE: SIOPIS J DATE OF ORDER: 2 AUGUST 2017

THE COURT ORDERS THAT:

1. The appeal is allowed. 2. The orders of the Federal Circuit Court of Australia, dated 13 December 2016, are set aside. 3. There be a writ in the nature of certiorari removing into this Court to be quashed the purported decision of the respondent made on 1 March 2016. 4. There be a writ in the nature of mandamus requiring the respondent to consider the appellant's application for waiver of the condition in Sch 8, cl 8503 of the Migration Regulations 1994 (Cth) according to law. 5. The respondent is to pay the appellant's costs of the appeal and the application to the Federal Circuit Court of Australia. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.