Khondoker v Minister for Immigration and Citizenship [2012] FCA 654

FEDERAL COURT OF AUSTRALIA

Khondoker v Minister for Immigration and Citizenship [2012] FCA 654 Citation: Khondoker v Minister for Immigration and Citizenship [2012] FCA 654

Appeal from: Application for extension of time and leave to appeal: Khondoker v Minister for Immigration [2012] FMCA 355

Parties: REZAUL KARIM KHONDOKER v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL

File number: NSD 684 of 2012

Judge: FOSTER J

Date of judgment: 22 June 2012

Catchwords: PRACTICE AND PROCEDURE – whether an extension of time and leave to appeal should be granted from an interlocutory discretionary judgment of a Federal Magistrate in relation to a matter of practice and procedure – relevant principles discussed – whether a party is entitled to be given a transcript of ex tempore reasons as announced – relevant principles discussed MIGRATION – whether a visa applicant can alter his visa application after submission to the Department so as to convert that application into an application for an entirely different visa or whether, in circumstances where a different class of visa is sought, a fresh application is required

Legislation: Acts Interpretation Act 1901 (Cth), s 25C Federal Court of Australia Act 1976 (Cth), s 24 Judiciary Act 1903 (Cth), s 35(1) Migration Act 1958 (Cth), ss 45, 46, 47, 338 and 348 Federal Court Rules 2011, rr 35.12, 35.13 and 35.14 Federal Court Rules, O 52 r 5 Federal Magistrates Court Rules 2001, reg 13.03C(1)(c) and reg 16.05 Migration Regulations 1994 (Cth), Items 487, 885, 886 and 887