Kumar, Ashok v Minister for Immigration & Multicultural Affairs [1998] FCA 1733
The Tribunal was correct in finding that on 15 October 1990 the applicant's relationship with nominators was too recent for any hardship or prejudice to be characterised as 'extreme' or 'irreparable'; and the Tribunal correctly interpreted cl 812.723(6)(a) in limiting consideration to material knowable as at 15 October 1990.
- Jurisdiction
- Australia
- Judgment Date
- 18 December 1998
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Application dismissed with costs
- Legal Topics
- ['entry Permit' 'judicial Review' 'extreme Hardship' 'irreparable Prejudice' 'interpretation of Migration Regulations']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 ["Whether refusal of entry permit would have caused 'extreme hardship' or 'irreparable prejudice' to nominators" 'Interpretation and application of cl 812.723(6)(a) Migration (1993) Regulations' 'Whether consideration is to be given to facts after 15 October 1990 for determining irreparable prejudice']
Ratio Decidendi
The Tribunal was correct in finding that on 15 October 1990 the applicant's relationship with nominators was too recent for any hardship or prejudice to be characterised as 'extreme' or 'irreparable'; and the Tribunal correctly interpreted cl 812.723(6)(a) in limiting consideration to material knowable as at 15 October 1990.
Court Disposition
Application dismissed with costs
Orders
- ['The application is dismissed.' "The applicant pay the respondent's costs of the application including reserved costs."]
Full Case Text
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