Browne, Davey v Minister for Immigration & Multicultural Affairs [1998] FCA 566

FEDERAL COURT OF AUSTRALIA

IMMIGRATION - Criminal deportation - Deportation order made against New Zealand citizen in 1995 - No appeal then made to Administrative Appeals Tribunal - Deportee subsequently formed a relationship with an Australian citizen and fathered a child by her - Application to Tribunal for extension of time to appeal then made but refused - Whether Tribunal erred in law in its consideration of extension of time application - Alleged failure to consider Australia's obligations under Convention on the Rights of the Child - Substantive relevance of the Convention - Importance of detailed consideration of opposing primary considerations - Whether application for extension of time amounted to abuse of process. Migration Act 1958, ss 200, 201 and 206 Administrative Appeals Tribunal Act 1975, s 29(7) DAVEY BROWNE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and D CHAPPELL NG1025 OF 1997 JUDGE: WILCOX J PLACE: SYDNEY DATE: 29 MAY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG1025 of 1997

BETWEEN: DAVEY BROWNE

Applicant

AND: MINISTER FOR IMMIGRATION and MULTICULTURAL AFFAIRS

First Respondent

and

D CHAPPELL

Second Respondent

JUDGE: WILCOX J

DATE OF ORDER: 29 MAY 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal refusing to extend the time for the making of an application for review of the decision to deport the applicant, Davey Browne, be set aside. 2. The application for extension of time be remitted to the Tribunal for hearing and determination according to law. 3. The first respondent, the Minister for Immigration and Multicultural Affairs, pay the applicant's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.