Madafferi v Minister for Immigration & Multicultural Affairs [2001] FCA 47

FEDERAL COURT OF AUSTRALIA

Madafferi v Minister for Immigration & Multicultural Affairs [2001] FCA 47

MIGRATION - application for an extension of time within which to institute an application by way of appeal from a decision of the Administrative Appeals Tribunal setting aside a decision of delegate of respondent refusing applicant's application for a spouse visa - application made in circumstances where applicant claims that he was allegedly entitled to a spouse visa in accordance with Regulation 820.211(3) of the Migration Regulations 1994 - whether Court should exercise its discretion under s44(2A)(a) of the Administrative Appeals Tribunal Act 1975 (Cth) to extend twenty - eight day time limit for appeal brought on a question of law from decision of the Administrative Appeals Tribunal - consideration of factors pertinent to Court's discretion - whether the applicant's explanation for delay in instituting appeal of decision of the Administrative Appeals Tribunal is acceptable - consideration of merits of appeal - consideration of submission that applicant denied procedural fairness before the Administrative Appeals Tribunal Migration Act 1958 (Cth) s501, 501A, 501H Migration Regulations 1994 Reg 820.211(3), Sub – rule 4001(2) Administrative Appeals Tribunal Act 1975 (Cth) ss44(1), 44(2A)(a) FRANCESCO MADAFFERI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 940 OF 2000 MARSHALL J MELBOURNE 9 FEBRUARY 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V940 OF 2000

BETWEEN: FRANCESCO MADAFFERI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 9 FEBRUARY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application for an extension of time within which to institute an application by way of appeal from the decision of the Administrative Appeals Tribunal be dismissed.