WACB v Minister for Immigration & Multicultural Affairs [2002] FCAFC 246

FEDERAL COURT OF AUSTRALIA

WACB v Minister for Immigration & Multicultural Affairs[2002] FCAFC 246 MIGRATION – time limit for lodging application for review – notification of decision of Refugee Review Tribunal ("Tribunal") – whether distinction between "decision" and "reasons for decision" – whether statement must be provided in a language understood by an applicant – whether fact appellant a minor affected validity of notification of Tribunal's decision Immigration (Guardianship of Children) Act 1946 (Cth) s 4 and s 6 Migration Act 1958 (Cth) ss 430, 430A, 430B, 430C, 430D, 478(1)(b), 478(2) Migration Legislation Amendment Act (No. 1) 1998 (Cth) Long v Minister for Immigration, Local Government and Ethnic Affairs (1996) 65 FCR 164 followed Salehi v Minister for Immigration and Multicultural Affairs [2001] FCA 995 referred to WACA v Minister for Immigration & Multicultural Affairs [2002] FCAFC 163 referred to Odhiambo v Minister for Immigration & Multicultural Affairs [2002] FCAFC 194 considered X v Minister for Immigration & Multicultural Affairs (1999) 92 FCR 524; [1999] FCA 995 referred to WACB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 529 of 2001 WHITLAM, NORTH AND STONE JJ 21 AUGUST 2002 SYDNEY (HEARD IN PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W529 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WACB

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: WHITLAM, NORTH AND STONE JJ

DATE OF ORDER: 21 AUGUST 2002

WHERE MADE: SYDNEY (HEARD IN PERTH)

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