Chopra, Dilip v Minister for Immigration & Multicultural Affairs [1997] FCA 1533

Chopra, Dilip v Minister for Immigration & Multicultural Affairs [1997] FCA 1533

The documents read together establish that the Principal Member, Shun Chetty, directed pursuant to s 422(1) of the Migration Act 1958 (Cth) that Mr Duignan was to constitute the Tribunal for the purpose of concluding Mr Chopra's review. No case has been made out that Mr Duignan was not validly appointed.

Source-derived case information.

Parties
Applicant: Dilip Chopra; Respondent: Minister for Immigration and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
05 December 1997
Procedural Posture
Application for Judicial Review / Motion for Adjournment
Outcome
Application for adjournment refused
Legal Topics
Appointment of Tribunal Members, Procedural Fairness, Migration Act S 422
Immigration Law Appointment of Tribunal Members Procedural Fairness Migration Act S 422

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dilip Chopra

Applicant

Minister for Immigration and Multicultural Affairs

Respondent

Procedural Posture

Application for Judicial Review / Motion for Adjournment

Legal Issues

  1. 1 Whether the Tribunal was properly constituted under s 422 of the Migration Act 1958 (Cth)
  2. 2 Whether there was a valid appointment of Mr Duignan as Tribunal member

Ratio Decidendi

The documents read together establish that the Principal Member, Shun Chetty, directed pursuant to s 422(1) of the Migration Act 1958 (Cth) that Mr Duignan was to constitute the Tribunal for the purpose of concluding Mr Chopra's review. No case has been made out that Mr Duignan was not validly appointed.

Court Disposition

Application for adjournment refused

Orders

  • The application for adjournment is refused.
  • The substantive case will proceed.