Chaddha v Minister for Immigration & Multicultural Affairs [2002] FCA 92

FEDERAL COURT OF AUSTRALIA

Chaddha v Minister for Immigration & Multicultural Affairs [2002] FCA 92

MIGRATION – temporary business entry visa – Migration Review Tribunal – invitation to applicant to attend hearing – hearing rescheduled three times – applicant did not appear or participate by telephone – Tribunal refused visa on ground that application for approval of sponsoring overseas business had been refused – whether Tribunal obliged to take further steps to ensure that applicant appeared at hearing – whether Tribunal obliged to consider application under other criteria or for another subclass of visa in same class

Migration Act 1958 (Cth) ss 31, 45, 46, 47(1), 65(1), 360, 425, 476 Migration Regulations 1994 (Cth) 1.18, 2.01, 2.02, 2.04, 2.07, Sch 1 item 1223A, Sch 2 items 456, 457 Migration Legislation Amendment Act (No. 1) 1998 (Cth)

Sun Zhan Qui v Minister for Immigration & Ethnic Affairs (Federal Court of Australia, 6 May 1997, unreported) referred to Sun v Minister for Immigration & Multicultural Affairs (1997) 81 FCR 71 referred to Minister for Immigration & Multicultural Affairs v Eshetu [1999] HCA 21 (1999) 197 CLR 611 considered Minister for Immigration & Multicultural Affairs v Mohammad [2000] FCA 1275 (2000) 101 FCR 434 applied Xiao v Minister for Immigration & Multicultural Affairs [2000] FCA 1472 applied Algama v Minister for Immigration & Multicultural Affairs [2001] FCA 476 applied Minister for Immigration & Multicultural Affairs v Yusuf [2001] HCA 30 (2001) 180 ALR 1 considered GURU BACHANLAL CHADDHA AND CHANDRAKANTA GURBACHANLAL CHADDHA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 293 of 2001

GRAY J 14 FEBRUARY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 293 of 2001

BETWEEN: GURU BACHANLAL CHADDHA

FIRST APPLICANT