Uddin v Minister for Immigration & Multicultural & Indigenous Affairs .[2005] FCAFC 146

Uddin v Minister for Immigration & Multicultural & Indigenous Affairs .[2005] FCAFC 146

The Minister is granted leave to re-open her case on appeal for the purpose of filing a notice of contention, as procedural matters should not override reaching the correct decision, and both parties contributed to the procedural history resulting in the current position. The appellant has a right to be heard further and an appropriate order as to costs will protect his position.

Parties
Appellant: Mohammed Raisul Uddin; First Respondent: Minister for Immigration & Multicultural & Indigenous Affairs; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
05 August 2005
Procedural Posture
Appeal / Leave to Re Open Appeal and File Notice of Contention
Outcome
Leave granted to Minister to re-open her case on appeal for filing notice of contention. Appeal to be relisted for further hearing. Parties to provide agreed minute of order as to costs.
Legal Topics
Cancellation of Student Visa, Procedural Fairness, Statutory Interpretation, Leave to Re Open Case on Appeal, Notice of Contention
Migration Law Practice and Procedure Cancellation of Student Visa Procedural Fairness Statutory Interpretation Leave to Re Open Case on Appeal Notice of Contention

Case Brief

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Parties

Mohammed Raisul Uddin

Appellant

Minister for Immigration & Multicultural & Indigenous Affairs

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Appeal / Leave to Re Open Appeal and File Notice of Contention

Legal Issues

  1. 1 Whether compliance with s 119 of the Migration Act 1958 (Cth) is an essential pre-condition to the valid exercise of the power to cancel a visa under s 116.
  2. 2 Whether the Minister should be granted leave to re-open her case on appeal and file and serve a notice of contention.

Ratio Decidendi

The Minister is granted leave to re-open her case on appeal for the purpose of filing a notice of contention, as procedural matters should not override reaching the correct decision, and both parties contributed to the procedural history resulting in the current position. The appellant has a right to be heard further and an appropriate order as to costs will protect his position.

Court Disposition

Leave granted to Minister to re-open her case on appeal for filing notice of contention. Appeal to be relisted for further hearing. Parties to provide agreed minute of order as to costs.

Orders

  • The Minister has leave to re-open her case on the appeal for the purpose of filing a notice of contention.
  • The appeal be relisted for further hearing, on a date to be fixed.