Barzideh, Reza v Minister for Immigration & Ethnic Affairs [1997] FCA 51

CATCHWORDS ADMINISTRATIVE LAW - Application for review of decision of Refugee Review Tribunal - application lodged in incorrect form and with wrong party - whether application lodged in the manner specified in the Federal Court Rules - whether order permitting amendment to add Minister as party made outside 28 day period in which application is to be filed rendered proceedings competent. Migration Act 1958 (Cth): ss475, 476, 478, 480, 485, 486. Federal Court Rules: O1 r8, O53A r2, O54, O54B, Form 56. Administrative Decisions (Judicial Review) Act 1976 (Cth): s11. Dai Xing Yao v Minister for Immigration and Ethnic Affairs (unreported, 18 September 1996); considered and applied. Mahboob v Minister for Immigration and Ethnic Affairs (1996) 135 ALR 693; applied. REZA BARZIDEH v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS HILL J SYDNEY (Part Heard in Perth) 12 FEBRUARY 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) WESTERN AUSTRALIA DISTRICT REGISTRY ) No WAG 54 of 1995 ) GENERAL DIVISION )

ON APPEAL FROM A DECISION OF THE REFUGEE REVIEW TRIBUNAL BETWEEN: REZA BARZIDEH Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent

CORAM: HILL J PLACE: SYDNEY (Part Heard in Perth) DATED: 12 FEBRUARY 1997

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. Application be dismissed. 2. Applicant to pay the respondent's costs up to but not including the costs of the hearing on 17 December 1996. Otherwise there be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) WESTERN AUSTRALIA DISTRICT REGISTRY ) No WAG 54 of 1995 ) GENERAL DIVISION )

ON APPEAL FROM A DECISION OF THE REFUGEE REVIEW TRIBUNAL BETWEEN: REZA BARZIDEH Applicant