Chand v Minister for Immigration and Multicultural Affairs [2000] FCA 1743

FEDERAL COURT OF AUSTRALIA

Chand v Minister for Immigration & Multicultural Affairs [2000] FCA 1743

MIGRATION – decision of Refugee Review Tribunal that it did not have jurisdiction to review decision of delegate of Minister not to grant applicants protection visas – Tribunal found applicants had not applied to Tribunal within prescribed period after notification of decision of Minister – whether Tribunal based its decision on a particular fact which did not exist – whether applicants told Minister under s 53(4) of Migration Act 1958 (Cth) that a specified person at a specified address may be given notifications – construction of forms completed by applicants

Migration Act 1958 (Cth) ss 53, 66, 412, 476(1)(g), 476(4)(b) Migration Regulations 1994 (Cth) regs 2.16(1)(c), 4.31, 5.03

Singh v Minister for Immigration & Multicultural Affairs (2000) 98 FCR 77 referred to Guo Heng Li v Minister for Immigration & Multicultural Affairs (1999) 94 FCR 219 referred to

PREM CHAND AND SHANTI CHAND v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1159 OF 2000 MOORE J 1 DECEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1159 OF 2000

BETWEEN: PREM CHAND

FIRST APPLICANT

SHANTI CHAND

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 1 DECEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal of 26 October 2000 that it had no jurisdiction to review the decision to refuse the applicants protection visas is set aside. 2. The matter is remitted to the Tribunal with a direction that it does have jurisdiction to so review, in so far as jurisdiction depends on the application for review being made within the time specified by reg 4.31 of the Migration Regulations 1994 (Cth). 3. The respondent pay the applicants' costs of the application. 4. Liberty to apply on 24 hours notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.