Dranichnikov v Minister for Immigration & Multicultural Affairs [2000] FCA 63

FEDERAL COURT OF AUSTRALIA Dranichnikov v Minister for Immigration & Multicultural Affairs [2000] FCA 63 PRACTICE AND PROCEDURE -- whether order for non-publication of ligitant's identity appropriate MIGRATION -- judicial review where application for refugee status unsuccessful -- tribunal's capacity to reconsider matters finally determined -- where applicant followed advice of department officer and applied to tribunal to reconsider its reasons in light of evidence neglected at the hearing -- applicability of doctrines of estoppel and procedural fairness -- circumstances in which defective notification of appeal rights cures failure to lodge application within time -- relationship between notification requirements specified in Act and regulations -- whether tribunal's decision affected by bias, failure to afford procedural fairness or improper purpose or wrong findings on material facts -- validity of department's refusal to grant bridging visa -- construction of provisions addressing eligibility for bridging visa -- jurisdiction of Court in relation to departmental decisions. A v Minister for Immigration & Ethnic Affairs (1994) 54 FCR 327 cited Jayasinghe v Minister for Immigration and Ethnic Affairs (1997) 76 FCR 301 cited Waitemata Electric Power Board v King Builders Ltd [1993] 1 NZLR 312 cited Wang v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 386 cited Nirmalan v Minister for Immigration and Multicultural Affairs [1998] FCA 672 referred to Sook v Minister for Immigration and Multicultural Affairs (1999) 86 FCR 584 referred to Thalary v Minister for Immigration and Ethnic Affairs [1997] FCA 201 cited Magyari v Minister for Immigration and Multicultural Affairs [1997] FCA 417 cited Velmurugu v Minister for Immigration and Multicultural Affairs & Anor (1997) 44 ALD 253 cited Maningat v Minister for Immigration and Multicultural Affairs [1998] FCA 443 cited Jarrin v Minister for Immigration and Multicultural Affairs [1998] FCA 765 cited Chand v Minister for Immigration and Multicultural Affairs [1999] FCA 383 cited Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Migration Act 1958 (Cth) ss 68(4), 82(3), 337, 411, 412, 415, 417, 430-430D, 475(2)(b), 476(2)(a), 478 Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth) s 50 SERGEY DRANICHNIKOV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q 29 of 1999 SERGEY DRANICHNIKOV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q 114 of 1999 KIEFEL J BRISBANE