Today, I completed my amended originating application to the Federal Court which I was working on for the last few days. The originating application is, say, something like a statement of claim and the amended originating application is its version 2, so to speak.
Since I wrote the originating application before I was given a notice of visa refusal and asked my Partner to file it when the ABF came to my unit, the contents of the originating application were very general. It was based on my guess as to what the Department may write in the reasons for the refusal decision. It was good enough to file in order to prevent the Immigration from deporting me but far insufficient to go to a trial. So I completely refurbished it.
The Department of Immigration arranged the Minister to make a decision personally in my case probably because the Department believed that it is more difficult to appeal from the decision of the Minister than a decision of a Department officer. When the Minister made a decision, we have to run a little unusual type of proceedings which most lawyers are not familiar with in the Federal Court.
Probably, the Department did not know that I ran exactly the same type of cases several times when I was suing the University of XXX. My dispute with the University was resolved because I won one of those proceedings. I even got my first job as an academic in this country by talking about those proceedings at the interview. This is my favourite type of proceeding in my favourite jurisdiction.
If you are legally minded, the type of the proceeding is a proceeding seeking writs relying on s 75(v) of the Constitution in the original jurisdiction of the Federal Court. If you think that it can't be, then you can be a good law student. If you can explain how it can in detail, you can get an associate lectureship in a law school even if you don't hold an Australian LLB.
I enjoyed crafting the grounds of application and particularising them and also added more orders in addition to the writs I originally listed. But I got tired. I cannot write anything anymore today.
Since I wrote the originating application before I was given a notice of visa refusal and asked my Partner to file it when the ABF came to my unit, the contents of the originating application were very general. It was based on my guess as to what the Department may write in the reasons for the refusal decision. It was good enough to file in order to prevent the Immigration from deporting me but far insufficient to go to a trial. So I completely refurbished it.
The Department of Immigration arranged the Minister to make a decision personally in my case probably because the Department believed that it is more difficult to appeal from the decision of the Minister than a decision of a Department officer. When the Minister made a decision, we have to run a little unusual type of proceedings which most lawyers are not familiar with in the Federal Court.
Probably, the Department did not know that I ran exactly the same type of cases several times when I was suing the University of XXX. My dispute with the University was resolved because I won one of those proceedings. I even got my first job as an academic in this country by talking about those proceedings at the interview. This is my favourite type of proceeding in my favourite jurisdiction.
If you are legally minded, the type of the proceeding is a proceeding seeking writs relying on s 75(v) of the Constitution in the original jurisdiction of the Federal Court. If you think that it can't be, then you can be a good law student. If you can explain how it can in detail, you can get an associate lectureship in a law school even if you don't hold an Australian LLB.
I enjoyed crafting the grounds of application and particularising them and also added more orders in addition to the writs I originally listed. But I got tired. I cannot write anything anymore today.