Minister for Immigration & Multicultural Affairs v Mohammad [2000] FCA 1275

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Mohammad [2000] FCA 1275 MIGRATION ) REFUGEES ) – whether reg 5.03 is valid in its application to a notice under s 425A of the Migration Act – whether, if valid, on its true construction the regulation does not apply to such a notice – effect of reg 4.35D – whether "the last address for service provided by the applicant in connection with his or her application for review" under s 441A is the last address given to the RRT or may be an address given to the Court and the Minister in proceedings reviewing a final decision of the Tribunal – meaning of "in connection with" – whether Tribunal, after giving a decision, is functus officio – whether the invitation referred to in s 426 must be a continuing invitation – whether the decision was based on a particular fact which did not exist and of which there was no evidence, that the applicant had ample opportunity to appear – discussion of Curragh Queensland Mining Ltd v Daniel WORDS AND PHRASES – "in connection with". Migration Act 1958 (Cth), ss 417, 425, 425A, 426, 426A, 441A, 476(1)(g), 476(4)(b) Administrative Decisions (Judicial Review) Act 1977, s 5(3) Migration Regulations 1994 (Cth), regs 4.35D, 5.03 Minister for Immigration and Multicultural Affairs v Singh (2000) 171 ALR 53 considered Re V.G.M. Holdings, Ltd [1941] 3 All ER 417 referred to Mordue v Palmer (1870) 6 Ch App 22 referred to Jayasinghe v Minister for Immigration and Ethnic Affairs (1997) 76 FCR 301 followed Semunigus v Minister for Immigration and Multicultural Affairs [1999] FCA 422 referred to Minister for Immigration and Multicultural Affairs v Semunigus [2000] FCA 240 referred to Rahman v Minister for Immigration and Multicultural Affairs (1999) 94 FCR 391 referred to Sook v Minister for Immigration and Multicultural Affairs (1999) 86 FCR 584 referred to Minister for Immigration and Multicultural Affairs v Capitly (1999) 55 ALD 365 applied Capitly v Minister for Immigration and Multicultural Affairs (Burchett J, unreported, 24 September 1998) referred to Curragh Queensland Mining Limited v Daniel (1992) 34 FCR 212 applied Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to Abdalla v Minister for Immigration and Multicultural Affairs (1998) 51 ALD 11 applied Charaev v Minister for Immigration and Multicultural Affairs [2000] FCA 865 referred to Guden v Minister for Immigration and Multicultural Affairs (2000) 58 ALD 352 referred to Coventry and Solihull Waste Disposal Co Ltd v Russell (Valuation Officer) [1999] 1 WLR 2093 applied Collector of Customs v Cliffs Robe River Iron Associates (1985) 7 FCR 271 applied The Queen v Isaac; Ex parte Transport Workers' Union of Australia (1985) 159 CLR 323 applied Claremont Petroleum NL v Cummings (1992) 110 ALR 239 applied Strachan v Marriott [1995] 3 NZLR 272 applied Transurban City Link Ltd v Allan (1999) 95 FCR 553, [1999] FCA 1723 applied Australasian Meat Industry Employees Union v Hamberger [2000] FCA 1197 referred to Minister for Primary Industries & Energy v Austral Fisheries Pty Ltd (1993) 40 FCR 381 followed Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred to Smith v Samuels (1976) 12 SASR 573 referred to MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v ELIAS KANCHAN MOHAMMAD N 435 of 2000 BURCHETT, BRANSON AND MARSHALL JJ 18 SEPTEMBER 2000 SYDNEY