Mohammed v Minister for Immigration & Multicultural Affairs [2000] FCA 277

FEDERAL COURT OF AUSTRALIA

Mohammed v Minister for Immigration & Multicultural Affairs [2000] FCA 277 MIGRATION – application for permanent visa - application for review of a decision of the Migration Review Tribunal ("the Tribunal") – whether Tribunal observed procedures required by the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth) to be observed in connection with the making of the decision – whether Tribunal provided to the applicant information required to be given under s 359A of the Act – whether Tribunal required to provide information to the applicant as to the standard to be satisfied for the grant of a visa – whether Tribunal required to provide information to the applicant as to the issues WORDS & PHRASES – "particulars of information"

Migration Act 1958 (Cth), ss 359A & 476(1)(a) Migration Regulations 1994 (Cth), reg 1.03 FAIZAL MOHAMMED v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1448 OF 1999 EMMETT J 1 MARCH 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1448 OF 1999

BETWEEN: FAIZAL MOHAMMED

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: EMMETT J

DATE OF ORDER: 1 MARCH 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1448 OF 1999

BETWEEN: FAIZAL MOHAMMED

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: EMMETT J

DATE: 1 MARCH 2000

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant is a citizen of Fiji. On 15 February 1998 he arrived on a visitor's visa, sub-class 676, which authorised him to remain in Australia for one month. On 24 August 1998 he applied for an AG Change in Circumstances (Residence), sub-class 806 Family, visa. The basis for that application is that the applicant is a special need relative of his brother Mohammed Ayas. 2 A decision refusing to grant the visa was made on 29 April 1999. An application was made to what is now the Migration Review Tribunal ("the Tribunal") for review of that decision on 27 May 1999. On 15 July 1999 the applicant was invited to attend a hearing. The hearing was set down for 21 September 1999. The applicant did not attend the hearing, nor did he advise the Tribunal that he would not be attending. On 15 November 1999 the Tribunal affirmed the decision under review to refuse to grant the visa applied for. 3 The applicant now applies to this court for an order of review of the decision of the Tribunal. The grounds specified in the amended application are as follows: "1. S. 476(1)(a) of the Migration Act 1958 as amended which requires that the procedures required by that Act or the regulations to be observed in connection with the making of the decision was not observed.