James v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1383

FEDERAL COURT OF AUSTRALIA

James v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1383 MIGRATION – application to Refugee Review Tribunal for review of decision by delegate of respondent Minister refusing to grant a protection visa – where applicant failed to complete application form in full - whether application for grant of visa had been valid

Migration Act 1958 (Cth) ss 45, 46, 47, 54, 55, 65 and 476 Migration Regulations 1994 (Cth) reg 2.07

Minister for Immigration and Multicultural Affairs v A (1999) 91 FCR 435 referred to A v Pelekanakis (1999) 91 FCR 70 referred to Minister for Immigration and Multicultural Affairs v Li (2000) 103 FCR 486 referred to Yilmaz v Minister for Immigration and Multicultural Affairs (2000) 100 FCR 495 referred to Nie v Minister for Immigration and Multicultural Affairs [2000] FCA 347 at [13] referred to Shahabuddin v Minister for Immigration and Multicultural Affairs [2001] FCA 273 at [24], [29] referred to Nader v Minister for Immigration and Multicultural Affairs (2000) 101 FCR 352 at 354 referred to Myint v Minister for Immigration and Multicultural Affairs [2001] FCA 122 referred to Bal v Minister for Immigration and Multicultural Affairs [2001] FCA 1191 at [12], [13]-[14] referred to Bal v Minister for Immigration and Multicultural Affairs [2002] FCAFC 189 at [35] applied IMEDLA JEYAMALAR JAMES v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS V1030 of 2001 WEINBERG J 8 NOVEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V1030 OF 2001

BETWEEN: IMEDLA JEYAMALAR JAMES

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS

RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 8 NOVEMBER 2002

WHERE MADE: MELBOURNE