GURUNG V. MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS

GURUNG

MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS

JUDGMENT CALLINAN J Ale Junie Roo® Der<parie

Gurung v

The Minister for Immigration, Multicultural and Indigenous Affairs

This is an application for an interlocutory injunction to restrain the respondent from removing the applicant from Australia, pending the hearing of his application for leave to appeal to this Court against the decision of a single judge of the Federal Court (Carr J) made on 24 April 2002.

The applicant arrived in Australia on 6 July 1995 on a Student Temporary Class TU, subclass 560 visa, which entitled him to remain in Australia until 17 August 1997. On 14 August 1997 the applicant sought renewal of his student visa. He was granted a bridging visa so that he could lawfully remain in Australia whilst his application was being processed by a delegate of the respondent. The applicant's application for a Student Temporary visa was refused on 24 November 1997, because the delegate of the respondent was of the opinion that the applicant had not complied with a condition of his visa, enrolment in an

undergraduate course'.

"Schedule 2, Migration Regulations (reprinted as at 30 November 1995 ("the Migration Regulations") regulation 560.213 condition 8202.

On 22 December 1997 the applicant applied for review of the original decision to a Migration Internal Review Officer C'MIRO"). On 26 February 1998 the MIRO affirmed the original decision. Under regulation 4.10 of the Migration Regulations, the applicant's right of review of the MIRO's decision to the Immigration Review Tribunal (the "IRT") was exercisable within 28

days of the notification of the decision of the MIRO. Regulation 4.10 relevantly provided:

"Time for lodgment of application for review by the Tribunal

4.10(1) Subject to subregulation (2), the period within