Zhang v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1706

FEDERAL COURT OF AUSTRALIA

Zhang v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1706 MIGRATION – visa applications – where person intended visa application to be made and gave documents to intermediary – where completion of form required – where third person filled in and signed form – whether form filled in on person's behalf – whether valid application

Acts Interpretation Act 1901 (Cth) s 25C Migration Act 1958 (Cth) ss 46, 47, 48, 98 Migration Regulations 1994 (Cth) reg 2.07 Minister for Immigration v Li (2000) 103 FCR 486 applied Sevim v MIMIA (2001) 114 FCR 126, applied Project Blue Sky v ABA (1998) 194 CLR 355, applied RUIE ZHANG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND MIGRATION REVIEW TRIBUNAL NSD 1456 OF 2005 EDMONDS J 25 NOVEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1456 OF 2005

BETWEEN: RUIE ZHANG

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: EDMONDS J

DATE OF ORDER: 25 NOVEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave to file the amended application be refused. 2. The application be dismissed. 3. The applicant pay the first 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 NSD 1456 OF 2005

BETWEEN: RUIE ZHANG

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: EDMONDS J

DATE: 25 NOVEMBER 2005