N111200A v Minister for Immigration and Mulitcultural Affairs [2000] FCA 1597

FEDERAL COURT OF AUSTRALIA

N1112/00A v Minister for Immigration & Multicultural Affairs [2000] FCA 1597 ADMINISTRATIVE LAW – deportation order – application for extension of time within which to file and serve a notice of appeal from a decision of the Administrative Appeals Tribunal ("AAT") affirming a decision of delegate of Minister – whether AAT erred by not remitting matter for re-determination by delegate of Minister where Minister conceded that original decision affected by an error of law ADMINISTRATIVE LAW – deportation order – request for leave to bring an application for an order of review pursuant to the Administrative Decisions (Judicial Review) Act 1977 (Cth) out of time – where hearing on merits by AAT available and enjoyed

Administrative Decisions (Judicial Review) Act 1977 (Cth) Migration Act 1958 (Cth) ss 200, 201 Administrative Appeals Tribunal Act 1975 (Cth) ss 42C, 42D Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 24 ALR 307 referred to

Minister for Immigration and Multicultural Affairs v Li [2000] FCA 1456 cited

Re Company and Commissioner of Taxation (AAT decision no. 12865, 7 June 1998) referred to N1112/00A v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1112 OF 2000 EMMETT J 1 NOVEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1112 OF 2000

BETWEEN: N1112/00A

APPLICANT

AND: MINISTER FOR IMMIGRATION &

MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 1 NOVEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The notice of motion filed 18 October 2000 be dismissed.

2. The applicant pay the respondent's costs of the motion.

3. Leave to bring the substantive application out of time be refused.

4. The substantive application be dismissed.