Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Capitly [1999] FCA 193
MIGRATION – s 425(1) – what satisfies the legislative requirement that the applicant be given an opportunity to appear and give evidence before the Tribunal – s 59 – relying on representations where the person did not intend to assert the fact contained in the representation – remitting matters to the Tribunal
Migration Act (1958) s 425; s 430(1) Evidence Act (1995) s 59 Jones v Dunkel (1959) 101 CLR 298 cited Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300 cited Rattan v the Queen (1972) AC 387 cited Walton v the Queen (1989) 166 CLR 283 cited Budiyal v Minister for Immigration and Multicultural Affairs (Tamberlin J, 20 March 1998, unreported) approved
MINISTER FOR IMMIGRATION AND MULTICULTURAL
AFFAIRS v ARIEL CAPITLY
NG 1090 of 1998
WILCOX, HILL AND MADGWICK JJ
5 MARCH 1999
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1090 OF 1998
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT
BETWEEN: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Appellant
AND: ARIEL CAPITLY
Respondent
JUDGES: WILCOX, HILL AND MADGWICK JJ
DATE OF ORDER: 5 MARCH 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. Costs of the Respondent to be paid by the Appellant. 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 1090 OF 1998
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT
BETWEEN: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Appellant
AND: ARIEL CAPITLY
Respondent
JUDGES: WILCOX, HILL AND MADGWICK JJ
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