Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Xiao v Minister for Immigration & Multicultural Affairs
[2000] FCA 1472 ADMINISTRATIVE LAW – Migration – Application for protection visa – Determination by Refugee Review Tribunal without oral hearing – Applicant invited to oral hearing but failed to attend – Applicant had been hospitalised and instructed migration agent to seek postponement – Letter faxed to Tribunal but apparently went astray – Whether Tribunal is under a continuing obligation to provide an opportunity for an oral hearing.
Migration Act 1958, ss425 and 426A YUE TUAN XIAO V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N535 of 2000 WILCOX J SYDNEY 20 OCTOBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N535 of 2000
BETWEEN: YUE TUAN XIAO
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: WILCOX J
DATE OF ORDER: 20 OCTOBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant, Yue Tuan Xiao, pay one-half of the costs of the respondent, Minister for Immigration and Multicultural Affairs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N535 of 2000
BETWEEN: YUE TUAN XIAO
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: WILCOX J
DATE: 20 OCTOBER 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 WILCOX J: This is an application for review of a decision of the Refugee Review Tribunal. The Tribunal affirmed a decision of a delegate of the respondent, Minister for Immigration and Multicultural Affairs, to refuse to grant a protection visa to the applicant, Yue Tuan Xiao.
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