Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chen v Minister for Immigration & Multicultural Affairs [2001] FCA 1555 MIGRATION – Application for a protection visa – whether extension of time granted under s 424B(4) of the Migration Act 1958 (Cth) - where applicant invited, pursuant to s 424, to provide documents to the Tribunal – where documents not provided within time allowed – where Tribunal waited a further six weeks before reaching a decision without a hearing.
Migration Act 1958 (Cth) s 424B(2) Migration Regulations reg 4.35B(2) MAO LONG CHEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1025 of 2001 MOORE J 5 NOVEMBER 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1025 of 2001
BETWEEN: MAO LONG CHEN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 5 NOVEMBER 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 1025 of 2001
BETWEEN: MAO LONG CHEN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 5 NOVEMBER 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 This is an application by Mao Long Chen ("the applicant") for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") given on 6 June 2001. In that decision the Tribunal affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") refusing to grant the applicant a protection visa. The criterion for the grant of such a visa is that the applicant is a person to whom Australia has protection obligations under the Convention Relating to the Status of Refugees of 28 July 1951 as amended by the Protocol Relating to the Status of Refugees of 31 January 1967 ("the Convention").
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