Zhen Gang Liu v Minister for Immigration & Multicultural Affairs [1997] FCA 179

CATCHWORDS IMMIGRATION - application for review of decision of Refugee Review Tribunal - application failed to name Minister as respondent - whether substantial compliance with procedural requirements - whether grounds stated in application specified an error of law. PRACTICE AND PROCEDURE - application failed to name Minister as respondent - whether substantial compliance with procedural requirements - whether Court can remedy defect in application - application not accompanied by an affidavit or a statement of claim - whether breach of Federal Court Rules. Acts Interpretation Act 1901 (Cth) - s 25C Federal Court Rules - O 1 r 8, O 4 r 6, O 13 r 2 Migration Act 1958 (Cth) - ss 475, 476, 478, 480, 485 Alexander v Immigration Appeal Tribunal [1982] 1 WLR 1076 Ali v Minister for Immigration, Local Government & Ethnic Affairs (1994) 52 FCR 178 Barzideh v Minister for Immigration & Ethnic Affairs, (12 February 1997, unreported) Chikonga v Minister for Immigration & Multicultural Affairs (6 March 1997, unreported) Hakim v Minister for Immigration & Ethnic Affairs (1994) 49 FCR 495 Hamilton v Minister for Immigration & Ethnic Affairs (1994) 53 FCR 349 R v Immigration Appeal Tribunal; ex parte Alexander [1982] 1 WLR 302 ZHEN GANG LIU v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS NG 1018 of 1996 Davies J 18 March 1997 Sydney

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG 1018 of 1996 ) GENERAL DIVISION ) BETWEEN: ZHEN GANG LIU Applicant AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS Respondent Coram: Davies J. Date: 18 March 1997 Place: Sydney MINUTES OF ORDER THE COURT ORDERS THAT: Motion for dismissal be refused. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.