Kesic v Minister for Immigration and Multicultural Affairs [2001] FCA 1270

Kesic v Minister for Immigration and Multicultural Affairs [2001] FCA 1270

Where evidence exists before a decision-maker capable of rationally supporting the finding upon which the decision was based, there is not a complete absence of evidence, and the 'no evidence' ground under s 476(1)(g) is not established. The Court is not permitted to look beyond the material before the...

Source-derived case information.

Parties
Applicant: Milan Kesic; Respondent: Minister for Immigration and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
07 September 2001
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Bridging Visa Application, Judicial Review, Valid Application Criteria, Eligible Non Citizen Definition
Migration Law Administrative Law Bridging Visa Application Judicial Review Valid Application Criteria Eligible Non Citizen Definition

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Summary, issues, holding and outcome

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Parties

Milan Kesic

Applicant

Minister for Immigration and Multicultural Affairs

Respondent

Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 Whether the application for a bridging visa was a valid application
  2. 2 Whether the applicant was an 'eligible non-citizen' under section 72 of the Migration Act 1958 (Cth)
  3. 3 Whether the applicant came to the notice of the Department of Immigration within 45 days of arriving in Australia

Ratio Decidendi

Where evidence exists before a decision-maker capable of rationally supporting the finding upon which the decision was based, there is not a complete absence of evidence, and the 'no evidence' ground under s 476(1)(g) is not established. The Court is not permitted to look beyond the material before the decision-maker when considering the existence and sufficiency of evidence for the purpose of judicial review under s 476.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.