Xiao v Minister for Immigration & Multicultural Affairs [2001] FCA 459

FEDERAL COURT OF AUSTRALIA

Xiao v Minister for Immigration & Multicultural Affairs [2001] FCA 459 MIGRATION – review of decision of migration review tribunal – consent order – jurisdiction to remit matter to the tribunal – whether conceded "potential" error of law sufficient for remittal PROCEDURE – consent orders – jurisdiction to remit matter to migration review tribunal – whether concession of "potential" error of law sufficient to found exercise of discretion to order remittal

Migration Act 1958 (Cth) ss 116(1)(b), 481(1) Migration Regulations condition 8202 Nong v Minister for Immigration & Multicultural Affairs [2000] FCA 1575, referred to Kovalev v Minister for Immigration & Multicultural Affairs [1999] FCA 557, considered National Bank of Australasia v Solar (1976) 28 FLR 372, cited Thomson Australia Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150, cited Australian Competition & Consumer Commission v Real Estate Institute of Western Australia (1999) 161 ALR 79, cited Kapagama v Minister for Immigration & Multicultural Affairs [1999] FCA 1881, referred to Minister for Immigration & Multicultural Affairs v Thiyagarajah (2000) 199 CLR 343, referred to Yulianti v Minister for Immigration & Multicultural Affair [2001] FCA 142, followed Sanchez v Minister for Immigration & Multicultural Affairs [1999] FCA 265, cited Takli v Minister for Immigration & Multicultural Affairs [2000] FCA 1186, cited SHU BO XIAO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 222 of 2000 RD NICHOLSON J 27 APRIL 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 222 of 2000

BETWEEN: SHU BO XIAO

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: RD NICHOLSON J