Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jalagam v Minister for Immigration & Citizenship [2009] FCA 197
MIGRATION – appointment of an 'authorised recipient' under s 494D of the Migration Act 1958 (Cth) – whether s 494D requires the written signature of the visa applicant – judicial review – fraud – requirement of causative connection between the fraud and the Tribunal being unable to discharge its functions – no link between the suggested fraud and the Tribunal's decision-making process – no jurisdictional error in mere bad or negligent advice or other mishap. HELD – the appeal be dismissed. Migration Act 1958 (Cth) ss 65, 347(1)(b)(i), 494B(5), 494D AB v LB (Mental Health Patient) [1980] 1 WLR 116 cited Christie v Permewan, Wright & Co Ltd (1904) 1 CLR 693 cited Le v Minister for Immigration and Citizenship (2007) 157 FCR 321 cited Lee v Minister for Immigration & Citizenship (2007) 159 FCR 181referred to McRae v Coulton (1986) 7 NSWLR 644 applied Minister for Immigration & Citizenship v SZLIX (2008) 245 ALR 501 applied SZFDE v Minister for Immigration & Citizenship (2007) 232 CLR 189 applied SZFNX v Minister for Immigration & Citizenship [2007] FCA 1980 applied SZFOH v Minister for Immigration & Citizenship (2007) 159 FCR 199 referred to SZHVM v Minister for Immigration & Citizenship (2008) 170 FCR 211cited SZLHP v Minister for Immigration & Citizenship (2008) 172 FCR 170 cited WACB v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 210 ALR 190cited Bennion FAR, Statutory Interpretation — A Code (2nd ed, Butterworths, 1992) VENGAL RAO JALAGAM v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
NSD 1594 of 2008
EDMONDS J
6 MARCH 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1594 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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