Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Haque v Minister for Immigration & Citizenship (No 3) [2010] FCA 772 Citation: Haque v Minister for Immigration and Citizenship (No 3) [2010] FCA 772
Appeal from: Haque v Minister for Immigration and Citizenship [2009] FMCA 705
Parties: AHM AHSANUL HAQUE v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: WAD 137 of 2009
Judge: GILMOUR J
Date of judgment: 23 July 2010
Catchwords: MIGRATION - jurisdiction of Migration Review Tribunal to review application received outside statutory time limit - whether notice complied with requirements under s 66(2)(d)(iv) of the Migration Act 1958 (Cth). EVIDENCE - exception to hearsay rule - whether leaflet constituted business record within s 69 of the Evidence Act 1995 (Cth).
Legislation: Migration Act 1958 (Cth) ss 66(1), 66(2)(d)(iv), 494B, 494C(4)(a), 494D Migration Regulations reg 2.16, 573.223(2)(a)(i)(A) Evidence Act 1995 (Cth) ss 63, 69
Cases cited: Apollo Shower Screens Pty Ltd v Building and Construction Industry Long Service Payments Corporations (1985) 1 NSWLR 561 cited Chan Ta Srey v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 134 FCR 308 referred to Worimi v Worimi Local Aboriginal Land Council (2010) 181 FCR 320 cited Zhan vMinister for Immigration & Multicultural & Indigenous Affairs (2003) 128 FCR 469 distinguished
Date of hearing: 16 June 2010
Place: Perth
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