Federal Court of Australia
FEDERAL COURT OF AUSTRALIA MIGRATION – application for internal review by Migration Internal Review Office – whether the requirement in s 339(1) of the Migration Act 1958 (Cth) that an application for review be "accompanied by the prescribed fee" is mandatory or directory – whether an application may be taken to be "accompanied by the prescribed fee" if there is given to the Secretary with the application a cheque in the amount of the prescribed fee if that cheque is dishonoured on presentation. Migration Act 1958 (Cth), ss 338(1), 339(1), 340(1), 485(1) Judiciary Act 1903 (Cth), s 39B Migration Regulations, regs 4.04, 4.05 Tabet v Minister for Immigration and Multicultural Affairs (1997) 75 FCR 446, followed Wielgus v Removal Review Authority [1994] 1 NZLR 73, cited Tilley v Official Receiver in Bankruptcy (1960) 103 CLR 529, applied National Australia Bank Ltd v KDS Construction Services Pty Ltd (1987) 163 CLR 668, applied MICHAEL JOSEPH KIRK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
NG 563 of 1998 LEHANE J SYDNEY 11 SEPTEMBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 563 of 1998
BETWEEN: MICHAEL JOSEPH KIRK
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: LEHANE J
DATE OF ORDER: 11 september 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application 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 ng 563 of 1998
BETWEEN: MICHAEL JOSEPH KIRK
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: LEHANE J
DATE: 11 september 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT
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