Pillai v Minister for Immigration & Multicultural Affairs [2001] FCA 1406

FEDERAL COURT OF AUSTRALIA

Pillai v Minister for Immigration & Multicultural Affairs [2001] FCA 1406 MIGRATION – application for review of temporary student visa – application lodged within 28 days of applicant being notified of decision – details of decision from which review sought incorrectly recorded on application – where Court ordered that any amended application be filed by date before hearing – where request for leave to amend application to refer to correct decision at hearing – whether application fails requirement of s 478 of Migration Act 1958 – whether Order 13 Rule 2 of Federal Court Rules empowers Court to accede to applicant's request

Migration Act 1958 (Cth) s 478 Federal Court Rules Order 13 Rule 2 VINU KUPPAMMA KARPUSWAMY PILLAI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 963 OF 2001 EMMETT J 22 AUGUST 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 963 OF 2001

BETWEEN: VINU KUPPAMMA KARPUSWAMY PILLAI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 22 AUGUST 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicant have leave to file an amended application. 2. The hearing today be vacated and relisted for hearing on 2 November 2001. 3. The respondent file and serve a bundle of relevant documents by 19 September 2001. 4. The applicant file and serve any affidavit material on which he intends to rely on or before 10 October 2001. 5. The applicant file and serve an outline of written submissions five working days before the hearing date. 6. The respondent file and serve an outline of written submissions in reply two working days prior before the hearing date. 7. The applicant pay the respondent's costs of today. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.