Kumar v Minister for Immigration & Multicultural Affairs [2000] FCA 243

FEDERAL COURT OF AUSTRALIA

Kumar v Minister for Immigration & Multicultural Affairs [2000] FCA 243 PRACTICE & PROCEDURE – notice of motion seeking an extension of time to lodge an application under the Administrative Decisions (Judicial Review) Act 1977 (Cth) ('ADJR Act') – application for review of a decision refusing grant of resident status – relevant decision contained an obvious error of law - application outside prescribed period of 28 days – whether extension of time should be granted – whether acceptable explanation for the delay – whether action taken by applicant – whether prejudice to the respondent – whether original application meritorious - importance of ensuring administrative decisions made according to law – importance of finality in relation to long-standing administrative decisions MIGRATION – whether s 6A(1)(e) of the Migration Act 1958 (Cth) requires an applicant to suffer uniquely WORDS & PHRASES – "strong compassionate or humanitarian grounds" Administrative Decisions (Judicial Review) Act 1977 (Cth), ss5(1), 11(1)(c), 11(3) Federal Court of Australia Act 1976 (Cth) Freedom of Information Act 1982 (Cth) Migration Act 1958 (Cth), s 6A(1)(e)

Damouni v Minister for Immigration, Local Government & Ethnic Affairs (1989) 87 ALR 97, considered Goundar v Minister for Immigration, Local Government & Ethnic Affairs (1994) 54 FCR 300, considered Hunter Valley Developments Pty Limited v Cohen (1984) 3 FCR 344, applied. Macabenta v Minister for Immigration & Multicultural Affairs (1998) 90 FCR 202, referred to Rizal v Minister for Immigration & Multicultural Affairs [1999] FCA 334, referred to Sinnathamby v Minister for Immigration & Ethnic Affairs (1986) 66 ALR 502, considered

KAMAL KUMAR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 1245 of 1999 EMMETT J 28 FEBRUARY 2000 SYDNEY