Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Khan v Minister for Foreign Affairs & Trade [2006] FCA 955 ADMINISTRATIVE LAW – Administrative Appeals Tribunal – Tribunal's dismissal of application on ground "frivolous or vexatious" within s 42B(1)(a) of the Administrative Appeals Tribunal Act 1975 (Cth) – application by father of child for review of decision to issue passport to child, allegedly procured by mother's misrepresentations – term of passport long since expired – no order available to Tribunal that would serve applicant's purpose. Held: not shown that Tribunal erred in law in deciding proceeding frivolous or vexatious.
Administrative Appeals Tribunal Act 1975 (Cth) s 42B(1)(a)
Fearnley v Australian Fisheries Management Authority [2006] FCAFC 3 followed
KHALIQUE KHAN v
MINISTER FOR FOREIGN AFFAIRS AND TRADE & ANOR NSD 937 of 2006 LINDGREN J 19 JULY 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 937 OF 2006
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A PRESIDENTIAL MEMBER
BETWEEN: KHALIQUE KHAN
APPLICANT
AND: MINISTER FOR FOREIGN AFFAIRS AND TRADE
FIRST RESPONDENT
AMNA KHALIQUE
SECOND RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 19 JULY 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed.
2. 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 937 OF 2006
BETWEEN: KHALIQUE KHAN
APPLICANT
AND: MINISTER FOR FOREIGN AFFAIRS AND TRADE
FIRST RESPONDENT
AMNA KHALIQUE
SECOND RESPONDENT
JUDGE: LINDGREN J
DATE: 19 JULY 2006
PLACE: SYDNEY
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate