Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oguzhan v Minister for Immigration & Multicultural Affairs
[2000] FCA 781
CONSTITUTIONAL LAW – judicial power of the Commonwealth – jurisdiction of Federal Court to review certain decisions under Migration Act 1958 (Cth) – provision that application for review must be made within 28 days of applicant being notified of decision – further provision that Court must not make an order allowing applicant to lodge application outside that period – whether intrusion into or usurpation of judicial power.
MIGRATION – objection to competency of application – whether application was filed more than 28 days after applicant notified of decision – notification in English language – whether applicant "notified" although unable to read English – whether Court has jurisdiction to consider grounds for failure to lodge application in time.
The Constitution (63 & 64 Vict. C.12) Ch III
Migration Act 1958 (Cth), ss 474, 475(2), 478(1)(b), 478(2), 481, 485, 486
Nguyen v Refugee Review Tribunal (1997) 74 FCR 311 applied
Reg. v Kirby; Ex parte Boilermakers' Society of Australia (1956) 94 CLR 254 referred to
Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 referred to
Polyukhovich v The Commonwealth (1991) 172 CLR 501 referred to
Leeth v The Commonwealth (1992) 174 CLR 455 referred to
Abebe v The Commonwealth (1999) 162 ALR 1 referred to
Kruger v The Commonwealth (1997) 190 CLR 1 referred to
Nicholas v R (1998) 151 ALR 312 referred to
Al Achrafi v Minister for Immigration and Multicultural Affairs (1997) 46 ALD 550 referred to
Duwai v Minister for Immigration and Multicultural Affairs [1999] FCA 1309 referred to
Nirmalan v Minister for Immigration and Multicultural Affairs [1998] FCA 672 referred to
MURAT OGUZHAN v MINISTER FOR IMMIGRATION AND
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