Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Uddin v Minister for Immigration & Multicultural Affairs [1999] FCA 1041
MIGRATION – ss 425 and 426 of Migration Act 1958 – whether applicant given "an opportunity" to appear and give evidence – whether applicant notified by RRT of entitlement to give evidence and nominate witnesses – where letter of notification sent to address for service – where no actual receipt of letter by applicant – whether Migration Regulations 1994 have a role to play in construing ss 425 and 426 of Migration Act 1958 WORDS AND PHRASES – "an opportunity"
Migration Act 1958 ss 412(1)(b), 425, 426, 428, 476(1)(a), 478, 504(3) Migration Regulations 1994 regs 4.39, 4.41, 5.01, 5.03
Jayasinghe v Minister for Immigration & Ethnic Affairs (1997) 76 FCR 301 referred to Minister for Immigration & Multicultural Affairs v Capitly [1999] FCA 193 referred to Alkaab v Minister for Immigration & Multicultural Affairs (1998) 84 FCR 178 referred to Susiatin v Minister for Immigration & Multicultural Affairs (1998) 83 FCR 574 considered Budiyal v Minister for Immigration & Multicultural Affairs (1998) 82 FCR 166 cited Sook Rye Son v Minister for Immigration & Multicultural Affairs (1999) 161 ALR 612 considered and followed Wang v Minister for Immigration & Multicultural Affairs (1997) 71 FCR 386 considered Kamkar v Minister for Immigration & Multicultural Affairs (1996) 71 FCR 424 cited Bank of Western Australia Ltd v Commissioner of Taxation (1994) 55 FCR 233 cited Shrestha v Minister for Immigration & Multicultural Affairs (unreported, Sackville J, 13 October 1997) cited NIZAM UDDIN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 371 OF 1999 HELY J 4 AUGUST 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 371 OF 1999
BETWEEN: NIZAM UDDIN
Applicant
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