Mordechai v Minister for Immigration and Citizenship [2011] FCA 986

FEDERAL COURT OF AUSTRALIA

Mordechai v Minister for Immigration and Citizenship [2011] FCA 986 Citation: Mordechai v Minister for Immigration and Citizenship [2011] FCA 986

Appeal from: Mostafa and Minister for Immigration and Citizenship [2011] AATA 49

Parties: MOSHE YAIR MORDECHAI v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 230 of 2011

Judge: BENNETT J

Date of judgment: 30 August 2011

Catchwords: ADMINISTRATIVE LAW – Tribunal upheld decision of first respondent to refuse to grant spouse visa to applicant – whether error of law in application of ss 500(6H) and (6J) of Migration Act 1958 (Cth) – whether error of law in failure to consider applicant's separate protection visa application MIGRATION – application of ss 500(6H) and (6J) of Migration Act – whether unsigned document is a "written statement" – meaning of "at least 2 business days before the Tribunal holds a hearing" – whether Tribunal or first respondent can waive compliance with ss 500(6H) and (6J) of Migration Act

Words & phrases: "at least 2 business days before", "written statement"

Legislation: Acts Interpretation Act 1901 (Cth) s 36(1) Migration Act 1958 (Cth) ss 500(6H), 500(6J), 501

Cases cited: Australian Competition & Consumer Commission v FFE Building Services Ltd (2003) ATPR 41-967 distinguished Forster v Jododex Aust Pty Ltd (1972) 127 CLR 421 followed Goldie v Minister for Immigration & Multicultural Affairs (2001) 111 FCR 378 applied Inspector-General in Bankruptcy v Bradshaw [2006] FCA 22 cited Milne v Minister for Immigration and Citizenship (2010) 52 AAR 1 applied Murray v Figge (1974) 4 ALR 612 distinguished