Rishmawi v Minister for Immigration & Multicultural Affairs [1999] FCA 611

FEDERAL COURT OF AUSTRALIA

Rishmawi v Minister for Immigration & Multicultural Affairs [1999] FCA 611 IMMIGRATION – requirements of s 478 Migration Act 1958 PROCEDURE – non-compliance with rules (O 54B) – whether waiver under O 1 r 8 – whether jurisdiction to waive – whether test of substantial compliance Migration Act 1958 (Cth), s 476, s 478 Federal Court Rules, O1 r 7, O 1 r 8, O 54B r 2 Federal Court Forms, Form 56 Metroinvest Anstalt v Commercial Union Assurance Co Ltd [1985] 1 WLR 513, 518, referred to Yong Jun Qin v Minister for Immigration and Multicultural Affairs (1997) 144 ALR 695, referred to Sharif v Minister for Immigration and Multicultural Affairs [1999] FCA 278, applied Liu v Minister for Immigration and Multicultural Affairs (1997) 72 FCR 345, 348, referred to HANNA RISHMAWI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q 17 of 1999 KIEFEL J 5 MAY 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 17 OF 1999

BETWEEN: HANNA RISHMAWI

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGE: KIEFEL J

DATE OF ORDER: 5 MAY 1999

WHERE MADE: BRISBANE

THE COURT DECLARES THAT: 1. The letter received by the Registry on 23 October 1998 is a valid application for the purpose of an appeal under s 478 Migration Act 1958. 2. The application filed 3 February 1999 be taken as an amendment to that filed on 23 October 1998. THE COURT FURTHER DIRECTS THAT: 3. Ms Rishmawi further amend the application to (i) make clear which part or parts of s 476(1) of the Migration Act 1958 are relied upon; and (ii) identify the error, if any, in the reasons of the Refugee Review Tribunal. 4. The Applicant be allowed six weeks to complete the further amendment and notify both the Court and Mr Belcher. 5. Thereafter, the Respondent is to prepare a bundle of documents comprising relevant papers of the Refugee Review Tribunal file and the Departmental file and forward copies of it to the Court and to Ms Rishmawi. 6. The Respondent is to notify the judge's associate when the matter is ready to be listed for hearing, or whether further directions are necessary. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.