Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Qi Yi v Minister for Immigration and Citizenship [2007] FCA 1833
MIGRATION – whether Tribunal entitled to make decision without a hearing – whether Federal Magistrate entitled to prefer evidence of one witness over another – whether Federal Magistrate required to make further enquiries – whether Federal Magistrate was under a duty to ensure that the appellant was provided with legal aid – appeal dismissed. Migration Act 1958 (Cth) ss 359A, 359C(2), 379C(4) Migration Regulations 1994 (Cth) regs 1.15A, 4.17(4), Schedule 2, cl 820.21 Abebe v The Commonwealth (1999) 197 CLR 510 cited The Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Waterford v The Commonwealth (1987) 163 CLR 54 cited QI YI v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL NSD 1531 OF 2007
LANDER J
22 NOVEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1531 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: QI YI
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE: LANDER J
DATE OF ORDER: 22 NOVEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant 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 1531 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: QI YI
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE: LANDER J
DATE: 22 NOVEMBER 2007
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