Braganza v Deputy Registrar, Migration Review Tribunal [2000] FCA 808

FEDERAL COURT OF AUSTRALIA

Braganza v Deputy Registrar, Migration Review Tribunal

[2000] FCA 808

ADMINISTRATIVE LAW – application to waive fee payable to Migration Review Tribunal – whether Tribunal bound to review decision of Minister where application to Tribunal made in time but fee paid outside the time prescribed for payment because application to waive payment rejected – whether estoppel arose from representations made by staff of the Tribunal – whether irrelevant consideration taken into account in refusing to waive fee, that being the possibility of financial support from sister who sponsored the application for visa by the applicant.

Migration Act 1958 (Cth), ss 347, 348 Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5(1) Migration Regulations 1994, reg 4.13

Kirk v Minister for Immigration and Multicultural Affairs (1998) 87 FCR 99 discussed Tabet v Minister for Immigration of Multicultural Affairs (1997) 75 FCR 446 discussed Minister for Immigration, Local Government and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 referred to Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 referred to Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 377 referred to

PETER BRAGANZA v

DEPUTY REGISTRAR, MIGRATION REVIEW TRIBUNAL

PRINCIPAL MEMBER, MIGRATION REVIEW TRIBUNAL

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1471 of 1999 HILL J 5 JULY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1471 OF 1999

BETWEEN: PETER BRAGANZA

APPLICANT

AND: DEPUTY REGISTRAR

MIGRATION REVIEW TRIBUNAL

FIRST RESPONDENT

PRINCIPAL MEMBER

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

MINISTER FOR IMMIGRATION AND