Jayaweera v Minister for Immigration & Multicultural Affairs [2000] FCA 955

FEDERAL COURT OF AUSTRALIA

Jayaweera v Minister for Immigration & Multicultural Affairs [2000] FCA 955

MIGRATION – non citizens – failure to grant Resolution of Status visa – applicants on entry to Australia producing passport of country other than that of specified country – applicants also holders of passport of such country – one applicant filing application for review outside 28 days from deemed receipt of Departmental letter advising applicant invalid – whether "decision" WORDS AND PHRASES – "decision" "entered Australia as the holder of" "passport" Acts Interpretation Act 1901 (Cth) s 15AA, 15AB Migration Act 1958 (Cth) ss 477, 478(2) Migration Regulations 1994 (Cth) reg 1216A(3)(i)(A)

Hocine v Minister for Immigration and Multicultural Affairs [2000] FCA 778 followed R v Brailsford [1905] 2 KB 730 at 745 followed Cooper Brookes (Wollongong) v Federal Commissioner of Taxation (1981) 147 CLR 297 at 321 followed Joyce v Director of Public Prosecutions [1946] AC 347 at 371 mentioned ROHAN MARK JAYAWEERA and LALITH MICHAEL JAYAWEERA v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NO V 146 of 1996 HEEREY J 17 JULY 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V146 OF 2000

BETWEEN: ROHAN MARK JAYAWEERA and LALITH MICHAEL JAYAWEERA

Applicants

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: HEEREY J

DATE OF ORDER: 17 JULY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application of the first applicant is dismissed. 2. The application of the second applicant is allowed. 3. The decision of 3 December 1999 of the respondent relating to the second applicant is set aside and remitted to the respondent for consideration according to law. 4. The respondent pay the second applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.