H v Minister for Immigration and Multicultural Affairs [2001] FCA 43

FEDERAL COURT OF AUSTRALIA

"H" v Minister for Immigration and Multicultural Affairs [2001] FCA 43

MIGRATION – appeal from decision dismissing an application for an order for review of a decision of the Refugee Review Tribunal – application out of time – whether Court has jurisdiction to entertain application. Migration Act 1958 (Cth) s 478 Long v Minister for Immigration, Local Government and Ethnic Affairs (1996) 65 FCR 164 followed Wang v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 386 followed Nirmalan v Minister for Immigration and Multicultural Affairs (unreported, Full Court of the Federal Court, 14 May 1998) followed Sook Rye Son v Minister for Immigration and Multicultural Affairs (1999) 161 ALR 612 followed Pannasara v Minister for Immigration and Multicultural Affairs [2000] FCA 213 followed Radhi v Minister for Immigration and Multicultural Affairs [2000] FCA 777 followed Bariah v Minister for Immigration and Multicultural Affairs [2000] FCA 1253 followed "H" v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N1254 OF 2000 WILCOX, WEINBERG & CONTI JJ 5 FEBRUARY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1254 OF 2000

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: "H"

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: WILCOX, WEINBERG and CONTI JJ

DATE OF ORDER: 5 FEBRUARY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal to this Court. 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 N1254 OF 2000