Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Citizenship v SZKPQ [2008] FCAFC 21
MIGRATION – requirement of notification of decision of the Minister to refuse the grant of a visa – address requirements for written notification – time limit on appeals to the Refugee Review Tribunal – whether notification must be addressed to authorised representative – whether letter or document must be addressed to authorised representative Migration Act 1958 (Cth) ss 66, 411, 412, 414, 494B, 494D Migration Regulations 1994 (Cth) r 2.16 SZFOH v Minister for Immigration and Citizenship [2007] FCAFC 63 – cited VEAN of 2002 v the Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 570 – cited MINISTER FOR IMMIGRATION AND CITIZENSHIP v SZKPQ AND REFUGEE REVIEW TRIBUNAL NSD 1927 OF 2007
BRANSON, EMMETT AND BENNETT JJ
6 MARCH 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1927 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Appellant
AND: SZKPQ
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGES: BRANSON, EMMETT AND BENNETT JJ DATE OF ORDER: 6 MARCH 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The orders made by the Federal Magistrates Court on 5 September 2007 be set aside.
3. In lieu of those orders there be an order that the application to the Federal Magistrates Court be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1927 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND CITIZENSHIP
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