Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hashimi v Minister for Immigration & Multicultural Affairs [2002] FCA 988 MIGRATION – application for review of a decision of the Migration Review Tribunal - whether applicant deemed to be notified of oral decision on the day it was made. MIGRATION - application for review of a decision of the Migration Review Tribunal– whether tribunal committed reviewable error – whether breach of s359A(1) of the Migration Act 1958 (Cth) invalidates decision – effect of s474 Migration Act 1958 with respect to decision – whether breach of s359A(1) in any event.
Statutes Judiciary Act 1903 (Cth) ss 39B, 44 Migration Act 1958 (Cth) ss 477(1), 368D(1), 368B, 35A, 359A, 475A, 476, 474(2) 474(1)
Cases Awan v Minister for Immigration, Multicultural and Indigenous Affairs [2002] FCA 594 Not Followed Carlos v Minister for Immigration and Multicultural Affairs [2001] FCA 301 Refd to Darling Casino Ltd v NSW Casino Control Authority (1997] 191 CLR 602 Distinguished Kwan v Minister for Immigration and Multicultural Affairs [2002] FCA 498 Distinguished Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11 Refd to NAAG of 2002 v Minister for Immigration and Multicultural Affairs [2002] FCA 713 Refd to NAAX v Minister for Immigration and Multicultural Affairs [2002] FCA 263 Cited Raj v Minister for Immigration and Multicultural Affairs (2000) 97 FCR 346, 349[7] Cited Re Refugee Review Tribunal & Anor; ex parte Aala (2000) 204 CLR 82 Refd to SBAP v Refugee Review Tribunal [2002] FCA 590 Refd to Sochorova v Minister for Immigration and Multicultural Affairs [2002] FCA 817 Refd to The King v Hickman; ex parte Fox & Clinton (1945) 70 CLR 598 Applied Turcan v Minister for Immigration and Multicultural Affairs [2002] FCA 397 Refd to Walton v Phillip Ruddock, Minister for Immigration and Multicultural Affairs [2001] FCA 1839 Considered HASHIMI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q32 OF 2002 KIEFEL J 9 AUGUST 2002 BRISBANE
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