Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Benissa v Minister for Immigration and Citizenship [2011] FCA 291 Citation: Benissa v Minister for Immigration and Citizenship [2011] FCA 291
Appeal from: Benissa v Minister for Immigration & Anor [2010] FMCA 657
Parties: EMMANUEL GBIKPI BENISSA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: VID 711 of 2010
Judge: BROMBERG J
Date of judgment: 30 March 2011
Catchwords: MIGRATION – Migration Review Tribunal – 12 year delay in applicant being validly notified of delegate's decision – whether procedural fairness accorded by Tribunal.
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Migration Act 1958 (Cth) ss 351, 353, 359
Cases cited: Chan Ta Srey v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 134 FCR 308 NAIS & Ors v Minister for Immigration and Multicultural and Indigenous Affairs & Anor (2005) 228 CLR 470 SZOFE v Minister for Immigration and Citizenship (2010) 185 FCR 129 VAT v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 255
Date of hearing: 15 November 2010, 3 March 2011
Date of last submissions: 6 December 2010
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 35
Solicitor for the Appellant: Mr TA Fernandez
Counsel for the Respondents: Mr R Knowles
Solicitor for the Respondents: Australian Government Solicitor
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