Jani v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 448

FEDERAL COURT OF AUSTRALIA

Jani v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 448 IMMIGRATION - PRACTICE AND PROCEDURE - appeal from Federal Magistrates' Court - leave to appeal required - cancellation of Student (Temporary) (Class TU) visa - applicant citizen of India - failure to file Notice of Appeal within time - meaning in O 52 r 15(1)(a)(i) Federal Court Rules - reception of further evidence by an appeal court generally requires two conditions - decision made with incomplete information - appeal dismissed.

Statutes Migration Act 1956 (Cth) ss 116(1)(b), 116(3)

Cases Hong Ye v Minister for Immigration and Multicultural and Indigenous Affairs (1998) 153 ALR 327 Followed Jess v Scott (1986) 12 FCR 187 Cited JANI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND MIGRATION REVIEW TRIBUNAL QUD 358 OF 2005 KIEFEL J BRISBANE 27 APRIL 2006

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 358 OF 2005

BETWEEN: POOJA MADHUSUDAN JANI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 27 APRIL 2006

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application for leave to bring an appeal from the decision of Baumann FM of 23 August 2005 is dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 358 OF 2005

BETWEEN: POOJA MADHUSUDAN JANI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS