FEDERAL COURT OF AUSTRALIA
Rahal v Minister for Immigration & Multicultural & Indigenous Affairs
[2002] FCA 317
MOHAMAD ALI RAHAL V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 63 OF 2002
moore j
15 MARCH 2002
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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N 63OF 2002 |
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BETWEEN: |
MOHAMAD ALI RAHAL APPLICANT
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AND: |
MINISTER FOR IMMIGRAION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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DATE OF ORDER: |
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WHERE MADE: |
THE COURT ORDERS THAT:
1. The application is dismissed.
2. The applicant pay the respondent’s costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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BETWEEN: |
APPLICANT
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AND: |
MINISTER FOR IMMIGRAION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
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DATE: |
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PLACE: |
REASONS FOR JUDGMENT
MOORE J:
1 This is an application for judicial review of a decision of the Migration Review Tribunal. The Tribunal made its decision on 16 January 2002 and affirmed a decision of a delegate of the Minister refusing to grant a bridging visa to the applicant. The application was made on 2 January and the delegate refused the application on 3 January. The applicant is unrepresented and has been assisted by an interpreter. His application for judicial review does not identify any grounds of review. It simply makes the complaint that the decision of the Tribunal was unfair.
2 At my invitation, counsel for the Minister took me through the Tribunal's decision to demonstrate that the Tribunal addressed the various criteria found in subclause 050.212. The Tribunal was satisfied that none of those criteria had been met and accordingly the applicant failed to satisfy a criteria that had to be satisfied both at the time of the application and the time of decision.
3 It is not apparent to me that the Tribunal made any error in its approach. It is unnecessary to consider the operation of 274 of the Migration Act 1958 (Cth) on the Tribunal's decision and on the jurisdiction of this Court to review that decision. It is unnecessary because it is palpable that the Tribunal made no error. Accordingly, I order that the application for judicial review is dismissed. I order that the applicant pay the respondents costs.
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I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore. |
Associate:
Dated: 20 March 2002
The applicant appeared in person with the aid of an interpreter.
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Counsel for the Respondent: |
J Smith |
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Solicitor for the Respondent: |
Clayton Utz |
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Date of Hearing: |
15 March 2002 |
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Date of Judgment: |
15 March 2002 |
