Mr B v Minister for Immigration & Multicultural Affairs [1997] FCA 422

CATCHWORDS Migration - Criterion for the grant of a Class 816 permit that the application for refugee status must have been recorded by Immigration as having been received - Departmental officer omits to record an application for refugee status which is not proceeded with as a result of incorrect advice given by the officer to an applicant - Consideration of principles relevant to construction of a requirement as mandatory or directory - Whether the criterion is mandatory or directory - Whether non-compliance with the criterion prevents the grant of the permit - Whether the Minister is estopped from relying upon non-compliance with the criterion - Whether the criterion is invalid on the ground of unreasonableness - Whether a failure to call witnesses is a failure to accord substantial justice. Migration Act 1958 (Cth) ss.33(2), 34(4), 353, 476(2) Migration Regulations 1993 (Cth) Reg.816.72 Kuswardana v. Minister for Immigration and Ethnic Affairs (1981) 35 ALR 186 Secretary, Department of Social Security v. Cooper (1990) 26 FCR 13 Howard v. Bodington (1877) 2 PD 203 Australian Broadcasting Corporation v. Redmore Pty Ltd (1989) 166 CLR 454 The State of Victoria v. The Commonwealth and Connor (1975) 134 CLR 81 Hunter Resources Limited v. Melville (1988) 164 CLR 234 Hamilton v. Minister for Immigration and Ethnic Affairs (1994) 53 FCR 349 Formosa v. Secretary, Department of Social Security (1988) 46 FCR 117 Plunket v. Malley (1863) 8 Irish Jurist (N.S) 83 Wang v. Minister for Immigration and Multicultural Affairs Merkel J, unreported, 13 February 1997 Saraswati v. The Queen (1991) 172 CLR 1 Minister for Immigration and Ethnic Affairs v. Kurtovic (1990) 21 FCR 193 Minister for Primary Industries and Energy v. Austral Fisheries Pty Ltd (1993) 40 FCR 381 Li v. Minister for Immigration and Multicultural Affairs Foster J, unreported, 24 April 1997 Servos v. Repatriation Commission (1995) 56 FCR 377 VG950/1995 - MR B V. THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS MERKEL J MELBOURNE 21 MAY 1997