Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 581

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 581 PRACTICE AND PROCEDURE – motion to set aside decision dismissing appeal before orders entered under Federal Court Rules – circumstances in which power to set aside decision before orders formally entered considered. MIGRATION – refusal of protection visa – notification of decision under s 66(1) of Migration Act 1958 (Cth) – whether reg 5.02 of Migration Regulations prescribes only means of notifying visa applicant in immigration detention of decision refusing visa. Evidence Act 1995 (Cth) s 160 Migration Act 1958 (Cth) ss 53(4), 66(1), 412, 425, 426 Migration Legislation Amendment Act (No 1) 1988 Migration Regulations regs 2.16, 2.16(1), 2.16(1)(c), 2.16(1)(d), 4.31, 4.41(1)(d), 5.02, 5.02A, 5.03 Federal Court Rules O 37 r 7 Australian Fisheries Management Authority v P W Adams Pty Ltd (1996) 145 ALR 345 applied Sook Rye Son v Minister for Immigration and Multicultural Affairs [1999] 161 ALR 612 considered MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v HARINDER PAL SINGH N 496 OF 1999 O'CONNOR, TAMBERLIN & MANSFIELD JJ 12 MAY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 496 OF 1999

ON APPEAL FROM A SINGLE JUDGE

OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION

& MULTICULTURAL AFFAIRS

APPELLANT

AND: HARINDER PAL SINGH

RESPONDENT

JUDGES: O'CONNOR, TAMBERLIN & MANSFIELD JJ

DATE OF ORDER: 12 MAY 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appellant's notice of motion filed on 6 April 2000 be dismissed. 2. The appellant pay to the respondent his costs of the notice of motion to be taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.