Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yilmaz v Minister for Immigration & Multicultural Affairs
[2000] FCA 906
MIGRATION – refugees – protection visa – appeal against decision of primary judge dismissing application for review of decision of Refugee Review Tribunal – where initial application for protection visa did not comply with statutory requirements – whether Migration Regulations 1994 (Cth) have the effect that the application must be perfectly complete when lodged and that any deficiencies cannot be cured during merits review by Refugee Review Tribunal – the words "a valid application for a visa" in s 65 of the Migration Act 1958 (Cth) do not form part of the conditions of exercise of power
ADMINISTRATIVE LAW – administrative decision – whether application seeking and receiving full merits review cures initial defects Migration Act 1958 (Cth) ss 29, 31, 36, 40, 45, 46, 47, 48, 54, 55, 65, 69, 411, 412, 415, 417, 420, 430 Migration Regulations 1994 (Cth) regs 2.03, 2.04, 2.07, 886.21, 886.22 Secretary, Department of Social Security v Alvaro (1994) 50 FCR 213 cited Minister for Immigration & Multicultural Affairs v A (1999) 168 ALR 594 discussed Phanouvong v Minister for Immigration & Multicultural Affairs [1999] FCA 1489 applied Li Wen Han v Minister for Immigration & Multicultural Affairs [2000] FCA 421 disapproved Kundu v Minister for Immigration & Multicultural Affairs [2000] FCA 560 disapproved
Nie v Minister for Immigration & Multicultural Affairs [2000] FCA 347 referred to Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 2 ALD 1 applied
Minister for Immigration & Multicultural Affairs v A [2000] FCA 108 referred to
Calvin v Carr [1980] AC 574 cited The King v Hickinan; ex parte Fox and Clinton (1945) 7 CLR 598 cited McDougall v Warringah Shire Council (1993) 30 NSWLR 258 cited
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