Alkiaat v Minister for Immigration & Multicultural Affairs [2000] FCA 1316

Alkiaat v Minister for Immigration & Multicultural Affairs [2000] FCA 1316

The objection to competency is dismissed as it is possible the applicant will establish the prerequisite for the operation of section 477(1), subject to evidence as to whether the Minister is under a duty to grant the visa under section 65(1)(a).

Jurisdiction
Australia
Judgment Date
06 September 2000
Procedural Posture
Judicial Review / Objection to Competency Decision
Outcome
Objection to competency dismissed; matter stood over for further directions
Legal Topics
['protection Visa' 'judicial Review' 'failure to Make a Decision' 'objection to Competency']
['citizenship and Migration'] ['protection Visa' 'judicial Review' 'failure to Make a Decision' 'objection to Competency']

Case Brief

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Procedural Posture

Judicial Review / Objection to Competency Decision

Legal Issues

  1. 1 ['Whether the Minister is under a duty to make a judicially-reviewable decision for the purposes of section 477 of the Migration Act 1958 (Cth)' 'Whether section 65(1)(a) of the Migration Act imposes a duty to grant the visa if relevant criteria are satisfied' 'Whether consideration of the visa application is complete such that the Minister is under a duty']

Ratio Decidendi

The objection to competency is dismissed as it is possible the applicant will establish the prerequisite for the operation of section 477(1), subject to evidence as to whether the Minister is under a duty to grant the visa under section 65(1)(a).

Court Disposition

Objection to competency dismissed; matter stood over for further directions

Orders

  • ['The notice of objection to competency be dismissed.' "The costs of today and the costs generally of the objection to competency be the parties' costs in the proceedings." 'The matter be stood over for further directions Friday 8 September 2000 at 9.30 am.']