Montero v Minister for Immigration and Border Protection [2014] FCA 1096

FEDERAL COURT OF AUSTRALIA

Montero v Minister for Immigration and Border Protection [2014] FCA 1096 Citation: Montero v Minister for Immigration and Border Protection [2014] FCA 1096

Appeal from: Montero v Minister for Immigration & Anor [2014] FCCA 946

Parties: RENEE SORENIO MONTERO v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: NSD 552 of 2014

Judge: LOGAN J

Date of judgment: 22 August 2014

Catchwords: MIGRATION – construction of clause 3004(e)(ii) of the Migration Regulations 1994 (Cth) – consideration of the line of authorising commencing with Peng v Minister for Immigration and Multicultural Affairs (2000) 105 FCR 63 concerning the phrase "has substantially complied with … the conditions" in that clause and a competing line of authority in corporations law concerning a like phrase commencing with Re U Drive Pty Ltd (1987) 5 ACLC 117 and Re News Corporation Ltd (1987) 11 ACLC 733 – prospect that appellant's argument could not succeed before a single judge because of adoption by Full Court in the exercise of original jurisdiction of Peng v Minister for Immigration and Multicultural Affairs (2000) 105 FCR 63 - application for an order pursuant to s 25(1AA)(b) of the Federal Court of Australia Act 1976 (Cth) Held: matter to be heard by the Full Court of the Federal Court of Australia

Legislation: Federal Court of Australia Act 1976 (Cth) s 25 Migration Regulations 1994 (Cth)

Cases cited: Jayasekara v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 156 FCR 199 considered Re News Corporation Ltd (1993) 11 ACLC 733 considered Re U Drive Pty Ltd (1987) 5 ACLC 117 Peng v Minister for Immigration and Multicultural Affairs (2000) 105 FCR 63 Weerasinghe v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 261