Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Xie v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 172
MIGRATION LAW – MIGRATION APPEALS – appeal period – whether notification of the decision was in the "prescribed way" under Migration Act 1958 – whether notification by pre-paid post means the person is taken to have received the document WORDS AND PHRASES – 'prescribed period' Migration Act 1958 (Cth) ss 66, 294B, 347, 494B, 494C, 593 Acts Interpretation Act 1901 (Cth) ss 29, 36 Migration Regulations (Cth) rr 2.16, 4.10 Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 77 considered Murphy v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 135 FCR 550 followed VEAN of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 133 FCR 570 followed BIN XIE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS QUD 120 OF 2005 SPENDER, KIEFEL and DOWSETT JJ 23 AUGUST 2005 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 120 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: BIN XIE
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: SPENDER, KIEFEL and DOWSETT JJ
DATE OF ORDER: 23 AUGUST 2005
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The application for an extension of time in which to appeal be dismissed. 2. The purported appeal also be dismissed. 3. The appellant pay the respondent's costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 120 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate