Peniche v Minister for Immigration & Multicultural Affairs [1999] FCA 709

FEDERAL COURT OF AUSTRALIA

Peniche v Minister for Immigration & Multicultural Affairs [1999] FCA 709

MIGRATION LAW – application to restrain Refugee Review Tribunal from delivering reasons for decision - whether reg 2.08A of Migration Regulations 1994 entitled spouse of original applicant to be added to application for protection visa as additional applicant – whether applicant who elected initially not to give evidence before Tribunal entitled to give such evidence prior to Tribunal determining applicant's claim – whether RRT required to adjourn proceedings to give applicants' new solicitors time to prepare additional material in support of the application. Extradition Act 1988 (Cth) Migration Act 1958 (Cth), ss 45, 46, 47, 65, 66, 420, 425(1)(a), 476(2), Pt 8 Judiciary Act 1903 (Cth), s 39B, 39B(1), 39B(1A)(c) Administrative Decisions (Judicial Review) Act 1977, s 6

Migration Regulations, reg 2.08A

Minister for Immigration and Multicultural Affairs & Anor v Ozmanian (1996) 71 FCR 1 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at 337 referred to Bullock v The Federated Furnishing Trades Society of Australasia (No 1) (1985) 5 FCR 464 at 472 referred to Pasini v Boland [1999] FCA 188 at pars 32 and 36-37 referred to Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21 referred to CARLOS CABAL PENICHE & ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS & ANOR V 271 OF 1999 WEINBERG J 27 MAY 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 271 OF 1999

BETWEEN: CARLOS CABAL PENICHE

First Applicant

TERESA PASINI CABAL

Second Applicant

CARLOS CABAL PASINI

Third Applicant

SOFIA CABAL PASINI

Fourth Applicant