Tjandra, Musni v Minister for Immigration & Multicultural Affairs [1998] FCA 1748
The appeal is dismissed because the appellant did not credibly notify the respondent of his change of address as required by s53(2), and the application for review was lodged outside the statutory time limit; no error by the primary judge was found.
- Parties
- Appellant: Musni Tjandra; Respondent: Minister for Immigration & Multicultural Affairs
- Jurisdiction
- Australia
- Judgment Date
- 10 November 1998
- Procedural Posture
- Appeal / Judgment on Appeal From Dismissal of Judicial Review Application
- Outcome
- Appeal dismissed
- Legal Topics
- Practice and Procedure, Judicial Review, Notification of Decision, Credibility Assessment
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Musni Tjandra
Appellant
Minister for Immigration & Multicultural Affairs
Respondent
Procedural Posture
Appeal / Judgment on Appeal From Dismissal of Judicial Review Application
Legal Issues
- 1 Whether appellant notified the respondent of change of address as required by s53(2) of the Migration Act 1958 (Cth)
- 2 Whether primary judge erred in assessing appellant's credibility and rejecting evidence of notification
- 3 Whether appeal was lodged within the statutory time limit
Ratio Decidendi
The appeal is dismissed because the appellant did not credibly notify the respondent of his change of address as required by s53(2), and the application for review was lodged outside the statutory time limit; no error by the primary judge was found.
Court Disposition
Appeal dismissed
Orders
- The appeal be dismissed.
- The appellant pay the respondent's costs of the appeal.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment