Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chung v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 442
MIGRATION – judicial review sought of validity of notification of outcome of visa application – whether notification of decision made in accordance with Migration Act – whether a decision to notify inherent in notification of decision on visa application – jurisdiction of Federal Court to entertain review of notification procedure – jurisdiction to determine application when MRT has not first heard application – no error rendering privative clause inoperative.
Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3(1) and (2) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 65, 66, 338, 347, 474, 475A, 476, 494B, 494C, 494D Migration Regulations 1994 (Cth) 2.16(3), 4.10(1)
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Koulaxazov v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 75 cited JAE HO CHUNG AND K-MAX INTERNATIONAL PTY LTD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1437 OF 2002 CONTI J 12 MAY 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1437 OF 2002
BETWEEN: MR JAE HO CHUNG
FIRST APPLICANT
K-MAX INTERNATIONAL PTY LTD ACN 073 608 161
SECOND APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: CONTI J
DATE OF ORDER: 12 MAY 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants to 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 1437 OF 2002
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