Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Citizenship v Khandakar [2011] FCAFC 22 Citation: Minister for Immigration and Citizenship v Khandakar [2011] FCAFC 22
Appeal from: Khandakar v Minister for Immigration and Citizenship [2010] FMCA 611
Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v SAKIB AHMED KHANDAKAR and MIGRATION REVIEW TRIBUNAL
File number: NSD 1115 of 2010
Judges: EMMETT, STONE & FOSTEr JJ
Date of judgment: 28 February 2011
Catchwords: MIGRATION – application to High Court seeking Constitutional writ relief in respect of ministerial decision – whether visa applicant applied for judicial review of a decision in relation to a substantive visa when application was made out of time and without extension – whether in the absence of an order under s 486A(2) of the Migration Act an application is liable to dismissal as being incompetent – whether application's incompetence precludes it from being an application for judicial review
Legislation: Constitution s 75 Education Services for Overseas Students Act 2000 (Cth) s 20 High Court Rules 2004 (Cth) rr 25.03, 25.06 Migration Act 1958 (Cth) ss 29, 31, 37, 48, 73, 116, 137J, 137K, 137L, 137N, 137P, 417, 477, 486A Migration Regulations 1994 (Cth) regs 2.02, 2.03, 2.12, Schedule 2
Cases cited: Berowra Holdings Pty Limited v Gordon (2006) 225 CLR 364 Bodruddaza v Minister for Immigration and Multicultural Affairs (2007) 228 CLR 651 Khandakar v Minister for Immigration and Citizenship [2010] FMCA 611
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