Pannasara v Minister for Immigration & Multicultural Affairs [2000] FCA 213

FEDERAL COURT OF AUSTRALIA

Pannasara v Minister for Immigration &Multicultural Affairs [2000] FCA 213

ADMINISTRATIVE LAW – Migration –Refusal of visa – Decision of delegate unsuccessfully appealed to Administrative Appeals Tribunal – Jurisdiction of Court to entertain challenge to delegate's decision – Effect of applicant's failure to institute a proceeding within 28 days of delegate's decision – Whether proceeding ought to be entertained as a matter of discretion – Application for extension of time to appeal against Tribunal's decision –Whether there was arguable legal error by Tribunal – Whether Tribunal erred in having regard to criminal convictions that were subject to an application for special leave to appeal to High Court – Other grounds considered – Application for extension refused.

Migration Act 1958, ss 475, 478, 485 and 501

Administrative Appeals Tribunal Act 1975, s 44

KAHATAPITIYE PANNASARA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS, STATE DIRECTOR (WA) DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS, ADMINISTRATIVE APPEALS TRIBUNAL (GENERAL DIVISION, PERTH REGISTRY) and JUSTICE D F O'CONNOR, PRESIDENT, ADMINISTRATIVE APPEALS TRIBUNAL

W116 of 1999

WILCOX, FRENCH and CARR JJ

PERTH

1 MARCH 2000

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W116 of 1999

BETWEEN: KAHATAPITIYE PANNASARA

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

STATE DIRECTOR (WA)

DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Second Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

(GENERAL DIVISION, PERTH REGISTRY)

Third Respondent

AND

JUSTICE D F O'CONNOR

PRESIDENT, ADMINISTRATIVE APPEALS TRIBUNAL