Brehoi, Nicholas v Department of Immigration & Multicultural Affairs [1998] FCA 1312

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW – application for extension of time to file appeal from Administrative Appeals Tribunal's ("AAT") decision dismissing application to review decision of Minister to deport – applicant failed to attend AAT hearing on date fixed without good cause – Court has discretion to grant extension of time

Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5, 11 Administrative Appeals Tribunal Act 1975 (Cth), s 42A(2)

Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344, cited NICHOLAS BREHOI v DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS NG 636 of 1998

O'CONNOR J SYDNEY 20 OCTOBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 636 of 1998

BETWEEN: NICHOLAS BREHOI

Applicant

AND: DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: O'CONNOR J

DATE OF ORDER: 20 oCTOBER 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The application be dismissed with costs. NOTE: SETTLEMENT AND ENTRY OF ORDERS IS DEALT WITH IN ORDER 36 OF THE FEDERAL COURT RULES.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 636 of 1998

BETWEEN: NICHOLAS BREHOI

Applicant

AND: DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: O'CONNOR J

DATE: 20 OCTOBER 1998

PLACE: SYDNEY

REASONS FOR JUDGMENT This is an application for an extension of time to file and serve an application for judicial review of a decision of the Administrative Appeals Tribunal ("the Tribunal") given on 2 March 1998 in which the Tribunal dismissed the applicant's application to review the decision of the Minister for Immigration and Multicultural Affairs ("the Minister") to deport him. If the extension of time were granted, the application would be one made pursuant to s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) ("the Review Act"). The power to give an extension of time for applications under that Act is in s 11. On 26 June 1998, the applicant filed his application for extension of time together with a handwritten affidavit. In his supporting affidavit the applicant says: · He was not able to lodge an application within the 28 day period because following his release from prison on 2 January 1998 and his subsequent detention at the Villawood Detention Centre he was incorrectly informed by custodians at the Detention Centre that the hearing date for the Tribunal hearing was 22 April 1998. · As a consequence of holding fears for his own well-being in the Detention Centre and coupled with the deteriorating health of his friend, he ran away from the Detention Centre. · He had been physically abused and heavily sedated at times at the Detention Centre and ran away from the Detention Centre for this reason as well as to ensure his friend died a free man. · He was at large from 24 February 1998 to 10 April 1998 and was living at an address known to the authorities. · He had been aware of the Tribunal proceedings since August 1997 but ran away from the Detention Centre for health, humanitarian and legal representation reasons. · At the time he was arrested by the police, he was unaware of the Tribunal hearing date of 2 March 1998. · He did not receive notification of the decision of the Tribunal until 21 April 1998.