Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cheng v Minister for Immigration and Citizenship [2011] FCA 1290 Citation: Cheng v Minister for Immigration and Citizenship [2011] FCA 1290
Appeal from: Cheng v Minister for Immigration and Citizenship and Anor [2011] FMCA 461
Parties: JIHUI CHENG v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR
File number: NSD 1174 of 2011
Judge: FLICK J
Date of judgment: 11 November 2011
Catchwords: MIGRATION – notice of decision sent to address provided – address incorrect – no denial of procedural fairness – no fraud – no failure on part of Migration Review Tribunal to exercise jurisdiction – appeal dismissed PRACTICE AND PROCEDURE – leave to raise new ground refused
Legislation: Migration Act 1958 (Cth) ss 338(2), 347, 494B, 494C Migration Regulations reg 4.10(1)(a)
Cases cited: Button v R [2010] NSWCCA 264, cited Cheng v Minister for Immigration and Citizenship [2011] FMCA 461, cited Han v Minister for Immigration and Multicultural Affairs [2000] FCA 1071, 103 FCR 517, cited Keo v Minister for Immigration and Citizenship [2009] FCA 676, 177 FCR 479, cited Lee v Minister for Immigration and Multicultural Affairs [2002] FCA 303, cited Medan v R [2011] WASCA 142, cited Minister for Immigration and Citizenship v Manaf [2009] FCA 963; 111 ALD 437, referred to Minister for Immigration and Citizenship v SZLIX [2008] FCAFC 17, 245 ALR 501, considered Minister for Immigration and Multicultural and Indigenous Affairs, Re; Ex parte Lam [2003] HCA 6, 214 CLR 1, referred to Roth, Re; Ex parte Cazaly Iron Pty Ltd [2011] WASC 226, cited Singh v Minister for Immigration and Citizenship [2011] FCAFC 27; 190 FCR 552, considered SZEYK v Minister for Immigration and Citizenship [2008] FCA 1940, referred to SZFDE v Minister for Immigration and Citizenship [2007] HCA 35, 232 CLR 189, considered SZMGX v Minister for Immigration and Citizenship [2009] FCAFC 67, cited SZNNJ v Minister for Immigration and Citizenship [2009] FCA 1356, cited SZNZL v Minister for Immigration and Citizenship [2010] FCA 621; 186 FCR 271, considered Xie v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 172, considered
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