Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 1558 MIGRATION – protection visa – application for review by Refugee Review Tribunal – application accepted within time by Hobart office of DIMA "on behalf of RRT" – application forwarded by Hobart office via Canberra – received at RRT office in Sydney out of time – whether Hobart office agent for RRT – implied agency WORDS AND PHRASES – "registry" Migration Act 1958 (Cth) ss 412(1), 476(1)(e) Migration Regulations, reg 4.31(3) Jones v Dunkel (1959) 101 CLR 298 at 308 applied Hely-Hutchinson v Brayhead [1968] 1 QB 549 at 584 cited Zachariassen v The Commonwealth (1917) 24 CLR 166 at 179-180 applied Bowstead and Reynolds on Agency (16th ed, 1996) Article 8 (p 51) applied
DALJEET SINGH v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS NO. T11 OF 1999 HEEREY J 11 NOVEMBER 1999 SYDNEY (HEARD IN HOBART)
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY T11 OF 1999
BETWEEN: DALJEET SINGH
Applicant
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
Respondent
JUDGE: HEEREY J
DATE OF ORDER: 11 NOVEMBER 1999
WHERE MADE: SYDNEY (HEARD IN HOBART)
THE COURT ORDERS THAT: 1. The appeal is allowed. 2. The decision of the Refugee Review Tribunal dated 3 May 1999 is set aside. 3. The matter is remitted to the Tribunal for reconsideration according to law. 4. The respondent pay the applicant's costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY T11 OF 1999
BETWEEN: DALJEET SINGH
Applicant
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
Respondent
JUDGE: HEEREY J
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