Abidin v Minister for Immigration & Multicultural Affairs [2002] FCAFC 54; [2002] FCA 236

Abidin v Minister for Immigration & Multicultural Affairs [2002] FCAFC 54 Abidin v Minister for Immigration & Multicultural Affairs [2002] FCA 236

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.

* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Abidin v Minister for Immigration & Multicultural Affairs

[2002] FCA 236

MIGRATION – lodgment of application for review – constructive lodgment – whether application "lodged" where applicant had done all that he was able to do – where applicant in detention and entirely dependent upon the executive for communication with the Court – validity of ss 478(1) and 478(2) of Migration Act 1958 (Cth) Migration Act 1958 (Cth) ss 478(1), 478(2) Acts Interpretation Act 1901 (Cth) s 15A Federal Court of Australia Act 1976 (Cth) Nirmalan v Minister for Immigration & Multicultural Affairs [1998] FCA 672 Hong Ye v Minister for Immigration & Multicultural Affairs (1998) 82 FCR 468 Kucuk v Minister for Immigration & Multicultural Affairs [2001] FCA 535 Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (1981) 147 CLR 297 Coco v The Queen (1994) 179 CLR 427 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Francis v City of Ringwood (1978) 54 LGRA 323 Angus Fryer Armour Australia Pty Ltd v Corrective Customs (NSW) (1988) 19 FCR 477 Talbot v NRMA Holdings Ltd (1996) 68 FCR 590 Ghomrawi v Minister for Immigration & Multicultural Affairs [2000] FCA 724 Wilson v Minister for Aboriginal & Torres Strait Islander Affairs (1996) 189 CLR 1 Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51 Chu Kheng Lim v Minister for Immigration (1992) 176 CLR 1 Nicholas v The Queen (1998) 193 CLR 173 Hocine v Minister for Immigration & Multicultural Affairs (2000) 99 FCR 269 Oguzhan v Minister for Immigration & Multicultural Affairs (2000) 99 FCR 285 Ayub v Minister for Immigration & Multicultural Affairs (2000) 181 ALR 522 Chu Kheng Lim v Minister for Immigration (1992) 176 CLR 1 Polyukhovich v Commonwealth (1991) 172 CLR 501 Rahman v Minister for Immigration & Multicultural Affairs [2002] FCA 83 JOYNAL ABIDIN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 326 OF 2001 BRANSON, NORTH and GYLES JJ SYDNEY (HEARD IN PERTH) 14 MARCH 2002