Raj, Dharam v Minister for Immigration & Ethnic Affairs & Anor [1996] FCA 694

Raj, Dharam v Minister for Immigration & Ethnic Affairs & Anor [1996] FCA 694

The Tribunal did not err in law nor breach required procedures; it appropriately considered the evidence and applied the correct legal tests. No ground under s 476(1)(a) or (e) of the Migration Act 1958 was established.

Parties
Applicant: Dharam Raj; First Respondent: Minister for Immigration and Ethnic Affairs; Second Respondent: Gail Radford, constituting the Immigration Review Tribunal
Jurisdiction
Australia
Judgment Date
18 July 1996
Procedural Posture
Application for Judicial Review / Judgment
Outcome
application dismissed with costs
Legal Topics
Judicial Review of Migration Decisions, Compassionate Grounds for Entry Permits, Procedural Fairness in Tribunals
Administrative Law Migration Law Judicial Review of Migration Decisions Compassionate Grounds for Entry Permits Procedural Fairness in Tribunals

Case Brief

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Parties

Dharam Raj

Applicant

Minister for Immigration and Ethnic Affairs

First Respondent

Gail Radford, constituting the Immigration Review Tribunal

Second Respondent

Procedural Posture

Application for Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Immigration Review Tribunal erred in law in refusing to grant an entry permit on compassionate grounds under the Migration (1993) Regulations
  2. 2 Whether the Tribunal failed to observe procedures required by the Migration Act 1958 (Cth)

Ratio Decidendi

The Tribunal did not err in law nor breach required procedures; it appropriately considered the evidence and applied the correct legal tests. No ground under s 476(1)(a) or (e) of the Migration Act 1958 was established.

Court Disposition

application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay the costs of the respondents