Goldie v Minister for Immigration & Multicultural Affairs [2002] FCAFC 367

FEDERAL COURT OF AUSTRALIA

Goldie v Minister for Immigration & Multicultural Affairs [2002] FCAFC 367

ADMINISTRATIVE LAW – Administrative Appeals Tribunal - Application for review of an administrative decision dismissed by Tribunal member for lack of an appearance by applicant or his representative – Counsel had withdrawn after refusal of adjournment – Application for reinstatement of application dismissed by another Tribunal Member – Whether Tribunal had power to reinstate application – Whether application for reinstatement made within 28 days after applicant received notification of decision – Whether application had been "dismissed in error" – Whether there was material before second Tribunal member on which he could find that the proceeding had been dismissed in error. Administrative Appeals Tribunal Act 1975: ss 42A Long v Minister for Immigration, Local Government and Ethnic Affairs (1996) 65 FCR 164 followed Brehoi v Minister for Immigration and Multicultural Affairs [1999] FCA 772; 58 ALD 385 not followed GOLDIE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W427 of 2001 WILCOX, CARR AND DOWNES JJ 22 NOVEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W427 of 2001

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: BRIAN GERALD JAMES GOLDIE

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WILCOX, CARR AND DOWNES JJ

DATE OF ORDER: 22 NOVEMBER 2002

WHERE MADE: PERTH

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