Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chelliah v Minister for Immigration & Multicultural Affairs [2001] FCA 200
IMMIGRATION – review of decision of Refugee Review Tribunal – where applicant had previously made an application for a protection visa – whether estoppel by convention arises where Department of Immigration and Multicultural Affairs treated the first application as invalid and the second application as valid – whether validity of an application for a protection visa is a question of law or a question of fact WORDS AND PHRASES – "valid"
Migration Act 1958 (Cth) ss 46(1)(d), 48A, 476(1)(e)
Yilmaz v Minister for Immigration and Multicultural Affairs (2000) 100 FCR 495 followed Minister for Immigration & Multicultural Affairs v Li [2000] FCA 1456 followed Con-Stan Industries of Australia Pty. Ltd. v Norwich Winterthur Insurance (Australia) Ltd. (1986) 160 CLR 226 followed N.S.W. Associated Blue-Metal Quarries Ltd. v Federal Commissioner of Taxation (1956) 94 CLR 509 at 512 referred to Hope v Bathurst City Council (1980) 144 CLR 1 at 8 referred to Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 at 208 followed Nader v Minister for Immigration and Multicultural Affairs (2000) 175 ALR 548 followed PRASHANTHAN ANTON CHELLIAH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1209 OF 2000 STONE J SYDNEY 7 MARCH 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1209 OF 2000
BETWEEN: PRASHANTHAN ANTON CHELLIAH
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 7 MARCH 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. the application be dismissed; 2. the applicant pay the respondent's costs.
IN THE FEDERAL COURT OF AUSTRALIA
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