Fernando v Minister for Immigration & Multicultural Affairs [1999] FCA 1375

FEDERAL COURT OF AUSTRALIA

Fernando v Minister for Immigration & Multicultural Affairs [1999] FCA 1375 PRACTICE AND PROCEDURE - application for review of Minister's decision not to grant a visa filed out of time - whether Refugee Review Tribunal nevertheless had jurisdiction - a number of single judge decisions establishing that Tribunal does not have jurisdiction in such circumstances - principle of "comity" - whether decisions "clearly wrong". Migration Act 1958 (Cth), s 412, s 412(1)(b), s 478(2) Convention Relating to the Status of Refugees, Arts 16(2), 32(1), 32(2) International Covenant on Civil and Political Rights, Art 3 Bank of Western Australia Ltd v Commissioner of Taxation (1994) 55 FCR 233 referred Li v Minister for Immigration and Multicultural Affairs [1999] FCA 1147 cited Nguyen v M W Gerkens, Refugee Review Tribunal (FCA, 6 October 1996, Ryan J) referred Santos v Minister for Immigration and Multicultural Affairs (1997) 144 ALR 229 referred Dawai v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 379 referred Shrestha v Minister for Immigration and Multicultural Affairs [1997] FCA 1051 discussed Tjandra v Minister for Immigration and Multicultural Affairs [1998] FCA 276 referred Ismail v Minister for Immigration and Multicultural Affairs [1998] FCA 1654 referred Singh v Minister for Immigration and Multicultural Affairs [1999] FCA 353 discussed Naheem v Minister for Immigration and Multicultural Affairs [1999] FCA 1360 referred Tabet v Minister for Immigration and Multicultural Affairs (1997) 75 FCR 446 discussed Project Blue Sky Inc v Australian Broadcasting Authority (1998) 153 ALR 490 discussed Accident Compensation Commission v Murphy [1988] VR 444 referred Cole v Director-General of Youth and Community Services (1987) 7 NSWLR 541 referred