Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rana v Minister for Immigration & Multicultural Affairs [2000] FCA 1736
IMMIGRATION – Notice of hearing before Refugee Review Tribunal – Statutory requirement that notice invite applicant "to appear before the Tribunal to give evidence" – Letter sent invited applicant to appear "to give oral evidence" – Whether failure to comply with a procedure required to be observed – Whether invitation "to give evidence", in statutory context, referred to personal attendance by applicant – Whether invitation "to give evidence" meant "to give oral evidence". Migration Act 1958 (Cth ) – ss 420, 423, 424, 424A, 424B, 424C, 425, 426, 427, 428, 429, 476
Re William Bros Ltd (1928) 29 SR (NSW) 248 applied Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 mentioned SURJIT RANA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 674 of 2000 RYAN, SUNDBERG and EMMETT JJ 29 NOVEMBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 674 OF 2000
BETWEEN: SURJIT RANA
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: RYAN, SUNDBERG and EMMETT JJ
DATE OF ORDER: 29 NOVEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. 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 N 674 OF 2000
BETWEEN: SURJIT RANA
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: RYAN, SUNDBERG and EMMETT JJ
DATE: 29 NOVEMBER 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT
BACKGROUND 1 The appellant is a citizen of India. He arrived in Australia on 6 August 1996, and lodged an application for a protection visa on 12 August 1996. On 10 February 1998 a delegate of the respondent refused the application. On 6 March 1998 the applicant sought review of that decision. On 24 September 1999 the Refugee Review Tribunal sent a letter to the appellant at his agent's address. It was in part as follows:
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