Ngu v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 54

FEDERAL COURT OF AUSTRALIA

Ngu v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 54

MIGRATION – whether in determining an objection to competency on the ground that an application for judicial review is out of time the primary judge must be satisfied that the decision sought to be reviewed is a valid decision under the Migration Act 1958 (Cth) – whether the Full Court should determine the question of jurisdictional error or remit that question to the primary judge.

Migration Act 1958 (Cth) ss 474, 477, 486 Plaintiff S157 of 2002 v Commonwealth of Australia (2003) 195 ALR 24 applied NADH of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 19 cited THE HUNG NGU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W268 OF 2002 CARR, MERKEL & HELY JJ 27 MARCH 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY W268 OF 2002

On appeal from a single Judge of the Federal Court of Australia

BETWEEN: THE HUNG NGU

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: CARR, MERKEL and HELY JJ

DATE OF ORDER: 27 MARCH 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders of the primary judge made on 13 August 2002 be set aside. 3. The respondent's objection to competency be remitted to the primary judge. 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 W268 OF 2002

On appeal from a single Judge of the Federal Court of Australia

BETWEEN: THE HUNG NGU

APPLELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS