Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mohammad v Minister for Immigration & Multicultural Affairs [2000] FCA 466
MIGRATION – application for protection visa – review by Refugee Review Tribunal of Ministerial decision – invitation to applicant to appear before Tribunal sent to applicant by registered post – applicant had not notified Tribunal of change of address – notification not in fact received by applicant until after Tribunal had made its decision – whether s 441A(1) of Migration Act operated in circumstances to mean that notice had been duly given to applicant by Tribunal as required by s 425A(1) – whether reg 5.03(1) of Migration Regulations operated in circumstances to mean that period of notice given to applicant at least the prescribed period of notice as required by s 425A(3) – whether reg 5.03 invalid in its application to invitations to applicants to appear before Tribunal.
Migration Act 1958 (Cth) ss 36, 412, 414, 425, 425A(1), (2) & (3), 441A(1) & (3), 475(1)(b), 486 Migration Regulations 1994 (Cth) regs 4.31, 4.35D, 5.03, Part 866 of Sch 2 Migration Legislation Amendment Act (No. 1) 1998 (Cth), s 2(2), Items 3, 12 & 20 of Sch 3
Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 377 (O'Connor, Tamberlin and Mansfield JJ, 4 April 2000, unreported), applied Guo Heng Li v Minister for Immigration & Multicultural Affairs [1999] FCA 1147 (Gyles J, 3 September 1999, unreported), cited ELIAS KANCHAN MOHAMMAD v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1221 of 1999 KATZ J 12 APRIL 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1221 of 1999
BETWEEN: ELIAS KANCHAN MOHAMMAD
APPLICANT
AND: MINISTER FOR IMMIGRATION
& MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: KATZ J
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate