Isa v Minister for Immigration and Multicultural Affairs [2002] FCAFC 216

FEDERAL COURT OF AUSTRALIA

Isa v Minister for Immigration and Multicultural Affairs [2002] FCAFC 216 IMMIGRATION – application for review of decision of Refugee Review Tribunal – application out of time under s 478(1)(b) Migration Act 1958 (Cth) – where failure to apply in time not fault of applicant – inability of Federal Court to extend time for lodgment of application irrespective of circumstances. DISCRIMINATION LAW – whether time limit in s 478(1)(b) Migration Act 1958 (Cth) racially discriminatory – whether time limit discriminated against persons for whom English was not a first or literate language and who were held in immigration detention – whether s 10(1) Racial Discrimination Act 1975 (Cth) applied so as to extend time for application for review – inability to comply not based on race, colour or national or ethnic origin but on individual personal circumstances of applicant. Sahak v Minister for Immigration & Multicultural Affairs [2002] FCAFC 215 adopted HASAN KHALIL ISA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 143 of 2001 NORTH, GOLDBERG & HELY JJ 18 JULY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No S 143 of 2001

ON APPEAL FROM A SINGLE JUDGE OF THE

FEDERAL COURT OF AUSTRALIA

BETWEEN: HASAN KHALIL ISA

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: NORTH, GOLDBERG & HELY JJ

DATE OF ORDER: 18 JULY 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of and incidental to the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No S 143 of 2001