Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ly v Minister for Immigration & Multicultural Affairs [2000] FCA 15 MIGRATION – application for a tourist visa – whether genuine consideration given to the application – whether clause 676.221(2)(c) of Schedule 2 of Migration Regulations 1994 properly interpreted and applied – whether substantial compliance with statutory requirements for a valid application.
Migration Act 1958 (Cth), s 47, s 54, s 55, s 65, s 66, s 476(1)(a), (b) and (e) Migration Regulations 1994, Schedule 2, cl 676.221(2)(c) Acts Interpretation Act 1901 (Cth), s 25C
Kahn v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 cited Hindi v Minister for Immigration and Ethnic Affairs (1988) 20 FCR 1 cited Broussard v Minister for Immigration and Ethnic Affairs (1989) 21 FCR 472 cited Surinakova v Minister for Immigration, Local Government and Ethnic Affairs (1991) 33 FCR 87 cited Mocan v Refugee Review Tribunal (1996) 42 ALD 241 cited Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 160 ALR 24 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Minister for Immigration & Multicultural Affairs v A [1999] FCA 1679 discussed Re LA (1993) 41 FCR 151 cited
LY KIM TONG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 325 of 1998 KENNY J MELBOURNE 12 JANUARY 2000
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 325 OF 1998
BETWEEN: LY KIM TONG
Applicant
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
Respondent
JUDGE: KENNY J
DATE OF ORDER: 12 JANUARY 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The applicant file and serve any application for leave to amend and any submissions in writing he may wish to make concerning the amendment (including as to the issue of costs) within fourteen days. 2. The respondent file and serve any responding submissions in writing he wishes to make within twenty-one days from today. 3. In the event no application for leave to amend is made within fourteen days, the application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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