Roussev v Minister of Immigration and Multicultural Affairs [2000] FCA 1661

FEDERAL COURT OF AUSTRALIA

Roussev v Minister for Immigration & Multicultural Affairs [2000] FCA 1661

ORLIN ROUSSEV v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N1103 of 2000 MADGWICK J SYDNEY 14 NOVEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1103 of 2000

BETWEEN: ORLIN ROUSSEV

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MADGWICK

DATE OF ORDER: 14 NOVEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The notice of objection to competency filed by the respondent be upheld. 2. The application filed by the applicant be dismissed.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1103 of 2000

BETWEEN: ORLIN ROUSSEV

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MADGWICK

DATE: 14 NOVEMBER 2000

PLACE: SYDNEY

REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 In this matter Mr Orlin Roussev, the applicant, was unsuccessful in an application for a protection visa including, ultimately, seeking judicial review of a decision of the Refugee Review Tribunal ("the RRT") before this Court. He thereupon asked the respondent Minister to make a decision more favourable to him than that of the RRT pursuant to s 417 of the Migration Act 1958 (Cth) ("the Act"). By letter of 12 October 2000, the respondent Minister declined this request and the applicant who is and at all material times has been in immigration detention promptly filed an application for an order of review, purportedly pursuant to the Act. 2 However, as the solicitor for the respondent points out, and the applicant accepts, s 475(2) of the Act provides that a decision of the Minister not to exercise, or not to consider the exercise of his or her power under, among others, s 417 of the Act is not a judicially reviewable decision and so this Court has no jurisdiction in relation to this matter.