WAFE of 2002 v Minister for Immigration &Multicultural & Indigenous Affairs [2002] FCAFC 254

FEDERAL COURT OF AUSTRALIA

WAFE of 2002 v Minister for Immigration &Multicultural & Indigenous Affairs [2002] FCAFC 254 MIGRATION – application for review of decision of Refugee Review Tribunal – notice of objection to competence – application out of time under s 478(1)(b) Migration Act 1958 (Cth) – failure to apply in time fault of Australian Correctional Management staff and not fault of applicant – whether Court unable to extend time for lodgement of application irrespective of circumstances

Migration Act 1958 s 478(1)(b) Nirmalan v Minister for Immigration and Multicultural Affairs [1998] FCA 672, followed Kucuk v Minister for Immigration and Multicultural Affairs [2001] FCA 535, followed Wills & Sons v McSherry [1913] 1 KB 20, referred to Mayer v Harding (1867) LR 2 QB 410, referred to Transurban City Link v Allan (1999) 95 FCR 553 at 560, referred to Rahman v Minister for Immigration & Multicultural Affairs [2002] FCAFC 5, followed Sahak v Minister for Immigration and Multicultural Affairs [2002] FCAFC 215 , followed Abidin v Minister for Immigration and Multicultural Affairs [2002] FCAFC 54, followed Salehi v Minister for Immigration and Multicultural Affairs[2001] FCA 995, followed Hocine v Minister for Immigration and Multicultural Affairs (2000) 99 FCR 269 at 282, referred to Oguzhan v Minister for Immigration and Multicultural Affairs (2000) 99 FCR 285 at 291, referred to Barzideh v Minister for Immigration and Multicultural Affairs (1997) 72 FCR 337 at 341, referred to WAFE OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 65 of 2002 MARSHALL, WEINBERG and JACOBSON JJ PERTH 21 AUGUST 2002

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W65 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF

THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WAFE OF 2002