Jaswal v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 787

FEDERAL COURT OF AUSTRALIA

Jaswal v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 787

MIGRATION – visitor's visa about to expire – application made within time for different visa – applicant's cheque tendered in payment of application fees not honoured – payment of fees not made until after expiration of previous visa – claim of tender in cash in the meantime dismissed as not credible – payment of fees ultimately made by bank cheque out of time – application refused and accepted – whether denial of natural justice and jurisdictional errors – whether decision to refuse visa otherwise invalid – whether Minister's decision vitiated by estoppel or waived

Minister for Immigration and Multicultural Affairs v Yusef [2001] 206 CLR 323 Tin v Minister for Immigration [2000] FCA 1109 Nadar v Minister for Immigration (2000) 101 FCR 352 Braganza v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 364 Minister for Immigration, Local Government and Ethnic Affairs v Kurtovic (1990) 92 ALR 93 Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 JAGMOHAN SINGH JASWAL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1716 OF 2003 CONTI J 21 JUNE 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1716 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: JAGMOHAN SINGH JASWAL

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 21 JUNE 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.