Tjandra, Musni v Minister for Immigration & Multicultural Affairs [1998] FCA 1748

FEDERAL COURT OF AUSTRALIA

PRACTICE AND PROCEDURE – Appellant's application for protection visa rejected by Refugee Review Tribunal, notification of that decision forwarded to an address, which the appellant submitted he had advised was no longer current - appeal from decision of primary judge dismissing application for judicial review - no error by primary judge in rejecting appellant's submission that he had notified the respondent of his change of address.

Migration Act 1958 (Cth) s53

Migration Regulations

Nguyen v Refugee Review Tribunal (1997) 74 FCR 311, cited

MUSNI TJANDRA v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

QG 161 OF 1998

DRUMMOND, SUNDBERG & MARSHALL JJ

BRISBANE

10 NOVEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 161 of 1998

BETWEEN: MUSNI TJANDRA

AppELLant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGES: drummond, sundberg & MARSHALL JJ

DATE OF ORDER: 10 November 1998

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 161 of 1998

BETWEEN: MUSNI TJANDRA

AppELLANt

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGES: DRUMMOND, SUNdBERG, & MARSHALL JJ

DATE: 10 November 1998

PLACE: BRISBANE

REASONS FOR JUDGMENT

MARSHALL J This matter is an appeal from the judgment of Kiefel J, the primary judge, given on 27 March 1998 in which the primary judge dismissed the application of Mr Musni Tjandra, the appellant, for judicial review of a decision of the Refugee Review Tribunal (the "RRT"). The RRT determined that it had no jurisdiction to hear the appellant's application to review the decision of the respondent's delegate declining a protection visa to the appellant.