Zhang v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 912

Zhang v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 912

Consistently with the earlier reasons for judgment and the Minister's indication that no further submissions would be made on the possible subcl 457.222(1)(a) issue, the Court granted the application for review, set aside the Tribunal's decision, and remitted the matter to the Tribunal to be heard and determined according to law.

Jurisdiction
Australia
Judgment Date
04 July 2005
Procedural Posture
Application for Review of the Tribunal's Decision Dated 7 April 2004 / Supplementary Reasons for Judgment and Orders
Outcome
Application for review granted; Tribunal decision set aside; matter remitted to the Tribunal; costs awarded to the applicant.
Legal Topics
['review of Tribunal Decision' 'migration Regulations' 'bridging Visa Conditions' 'remittal to Tribunal' 'costs']
['administrative Law' 'migration Law'] ['review of Tribunal Decision' 'migration Regulations' 'bridging Visa Conditions' 'remittal to Tribunal' 'costs']

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Procedural Posture

Application for Review of the Tribunal's Decision Dated 7 April 2004 / Supplementary Reasons for Judgment and Orders

Legal Issues

  1. 1 ["Whether the Tribunal's decision dated 7 April 2004 should be set aside and the matter remitted according to law." 'Whether any further submissions were required on the possible application of subcl 457.222(1)(a) of the Migration Regulations in light of the repeal of Reg 457.222.']

Ratio Decidendi

Consistently with the earlier reasons for judgment and the Minister's indication that no further submissions would be made on the possible subcl 457.222(1)(a) issue, the Court granted the application for review, set aside the Tribunal's decision, and remitted the matter to the Tribunal to be heard and determined according to law.

Court Disposition

Application for review granted; Tribunal decision set aside; matter remitted to the Tribunal; costs awarded to the applicant.

Orders

  • ["The application for review of the Tribunal's decision dated 7 April 2004 be granted." 'The said decision of the Tribunal be set aside.' 'The matter be remitted to the Tribunal to be heard and determined according to law.' "The respondent pay the applicant's costs of the application, including any reserved costs,...