Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chen v Minister for Immigration & Multicultural Affairs [2001] FCA 1121
Migration Act 1958 (Cth) s 476(1)(g), s 476(4)(b) Mohammed v Minister for Immigration and Multicultural Affairs [2000] FCA 264 at [15] followed Curragh Queensland Mining v Daniel (1992) 34 FCR 212 at 220-221 followed CHEN YOU FANG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 550 of 2001 STONE J 15 AUGUST 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 550 OF 2001
BETWEEN: CHEN YOU FANG
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
JUDGE: STONE J
DATE OF ORDER: 15 AUGUST 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. the application be dismissed; 2. the applicant pay the respondent's costs. 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 550 OF 2001
BETWEEN: CHEN YOU FANG
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
JUDGE: STONE J
DATE: 15 AUGUST 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 550 OF 2001
BETWEEN: CHEN YOU FANG
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
JUDGE: STONE J
DATE: 15 AUGUST 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant claims to be a citizen of China who arrived in Australia on a false Malaysian passport. He applied for a protection visa on 12 April 1995. His application was refused by a delegate ("Delegate") of the respondent on 3 January 1997 and the Refugee Review Tribunal ("Tribunal") handed down a decision affirming the Delegate's decision on 17 April 2001. On 7 May 2001, the applicant commenced proceedings in this Court seeking review of the Tribunal's decision, apparently under Part 8 of the Migration Act 1958 (Cth) ("the Act"). An amended application, which was more fully particularised, was filed in Court on 13 August 2001.
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