Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brahim v Minister for Immigration & Multicultural Affairs [2000] FCA 1701
COSTS – usual order waived because of unsuccessful applicant's apparently desperate humanitarian situation. Nouredine v Minister for Immigration & Multicultural Affairs (1999) 91 FCR 138, cited HACHI BRAHIM v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N1048 of 2000 MADGWICK J 16 NOVEMBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1048 of 2000
BETWEEN: HACHI BRAHIM
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 16 NOVEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for review of the decision of the Refugee Review Tribunal of 14 October 1999, be dismissed. 2. The applicant is to pay the respondent's costs incurred after 5 November 2000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1048 OF 2000
BETWEEN: HACHI BRAHIM
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE: 16 NOVEMBER 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT (Revised from transcript) HIS HONOUR: 1 This is an application for judicial review of a decision by the Refugee Review Tribunal ("the Tribunal") affirming the decision of a delegate of the respondent Minister to not grant the applicant a protection visa.
Time limit on applications for review by the Court 2 The decision of the Tribunal was given on 14 October 1999 and it is crystal clear that the applicant had actually been notified of that refusal no later than 9 November 1999. The application for review by this Court was not filed until 29 September 2000, long after the expiration of the 28 day limitation period provided for by s 478(1)(b) of the Migration Act 1958 (Cth) ("the Act"). 3 The Court is specifically prevented by the Act from doing anything to ameliorate the position of an applicant who is late in coming to the Court. I regret, therefore, that the Court has no power to enter into a consideration of the legal merits of the Tribunal's decision and the application of the applicant must be dismissed. 4 An application has been made for costs by the respondent Minister which forces me to say something about the broader circumstances of the case.
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