Nirmalan v Minister for Immigration & Multicultural Affairs [1997] FCA 1619

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION

Between:

JUDGMENT No, 46.7

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) No. NG 1032 of 1997

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PATHMANATHAN NIRMALAN Applicant

MINISTER FOR IMMIGRATION

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AND MULTICULTURAL AFFAIRS Respondent

DERAL COURT FOF AUSTRALIA

21 JAN 2003 LIBRARY

REASONS FOR JUDGMENT

EINFELD J SYDNEY 19 DECEMBER 1997

The applicant seeks an order for review of a. decision of the Refugee Review Tribunal made on 28 July 1997. The applicant appears for himself in these proceedings and his application for order of review is handwritten. Attached to it is a typewritten document which represents what appears to be something very

similar to the substance of the submission made to the Refugee Review Tribunal. It was not the submission itself that was made there and is in fact a commentary on the Tribunal's decision but

it contains a number of matters similar to those put to the

' Tribunal at its hearing.

The application for an order of review was that the Tribunal had made what was described as "an unfair decision". It was alleged that the Tribunal failed to take the applicant's evidence into

its account, denied him natural justice, and made certain other

chepseewbsag Land howedtede rs

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errors which are presented as if they were errors of law but in fact represent a challenge to various findings of fact. The application was supplemented by a motion seeking an order that

the applicant's removal from Australia be stopped "Uritded, his ¥ 4.

appeal could be heard and for similar orders.

Pe hes if a grounds that it was not filed within 28 days weno eo nt

ret end

being notified of the decision. The Minister pointed to the fact that the legislation now prevents the Court from extending that time. Accordingly, it was asserted that the Court has no

jurisdiction in relation either to the application or the motion.