Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Bhardwaj [2000] FCA 789
IMMIGRATION – Immigration Review Tribunal decided to cancel respondent's student visa having accidentally failed to consider correspondence from respondent – on discovery of error Tribunal reconsidered the matter and decided in favour of respondent – application to set aside the Tribunal's second decision – whether Tribunal is functus officio – whether Tribunal may of its own motion reconsider decision
Migration Act 1958 (Cth) Acts Interpretation Act 1901 (Cth) s 33(1) Jayasinghe v Minister for Immigration and Ethnic Affairs (1997) 76 FCR 301 considered Sloane v Minister for Immigration, Local Government & Ethnic Affairs (1992) 37 FCR 429 considered Minister for Immigration and Multicultural Affairs v Capitly [1999] FCA 193 considered Ridge v Baldwin [1964] AC 40 considered De Verteuil v Knaggs [1918] AC 557 referred to Semunigus v Minister for Immigration & Multicultural Affairs [2000] FCA 240 considered Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 considered Leung v Minister for Immigration and Multicultural Affairs (1997) 79 FCR 400 considered Federal Airports Corporation v Aerolineas Argentinas (1997) 76 FCR 582 referred to
MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS V BHARDWAJ NO N 77 OF 2000 JUDGES: BEAUMONT, CARR & LEHANE JJ DATE: 15 JUNE 2000 PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 77 OF 2000
APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
APPELLANT
AND: RAJIV BHARDWAJ
RESPONDENT
JUDGES: BEAUMONT, CARR & LEHANE JJ
DATE OF ORDER: 15 JUNE 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Appeal 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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