Federal Court of Australia
Federal Court of Australia
HWTV v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 554 File number(s): VID 138 of 2023
Judgment of: ANDERSON J
Date of judgment: 1 June 2023
Catchwords: MIGRATION – delegate of Minister's refusal to grant Bridging E (Class WE) visa – Tribunal decision to set aside decision of delegate and remit decision to delegate – where Tribunal also made orders pursuant to s 501K of the Migration Act 1958 (Cth) – application for judicial review of Tribunal's decision and orders pursuant to s 501K of the Migration Act 1958 (Cth) – where Court substituted an anonym for the applicant's name in the proceeding – application by first respondent for summary judgment – statutory basis for anonym – where other grounds of the applicant's application for judicial review are inutile and have no reasonable prospect of success – application for summary judgment allowed.
Legislation: Federal Court of Australia Act 1976 (Cth) Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Gill v Minister for Immigration and Border Protection [2017] FCAFC 51; 250 FCR 309 Rana v Repatriation Commission [2011] FCAFC 123; 196 FCR 137 Spencer v Commonwealth [2010] HCA 28; 241 CLR 118
Division: General
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 67
Date of hearing: 15 May 2023
Counsel for the Applicant: The Applicant appeared in person
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