Soondur v Minister for Immigration & Multicultural Affairs [2001] FCA 124

FEDERAL COURT OF AUSTRALIA

Soondur v Minister for Immigration & Multicultural Affairs [2001] FCA 124

PREM LATA SOONDUR & ORS v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 27 OF 2001

LINDGREN J 28 FEBRUARY 2001

SYDNEY (Delivered by video-link in Perth)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 27 OF 2001

BETWEEN: PREM LATA SOONDUR

FIRST APPLICANT

SANJANA SINGH SOONDUR

SECOND APPLICANT

SHEENA SINGH SOONDUR

THIRD APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 28 FEBRUARY 2001

WHERE MADE: SYDNEY (Delivered by video-link in Perth)

THE COURT ORDERS THAT: 1. The application be dismissed as incompetent. 2. The first applicant pay the respondent's costs.

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 N 27 OF 2001

BETWEEN: PREM LATA SOONDUR

FIRST APPLICANT

SANJANA SINGH SOONDUR

SECOND APPLICANT

SHEENA SINGH SOONDUR

THIRD APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE: 28 FEBRUARY 2001

PLACE: SYDNEY (Delivered by video-link in Perth)

REASONS FOR JUDGMENT

1 The applicants purport to invoke the Court's jurisdiction under s 486 of the Migration Act 1958 (Cth) ("the Act") and s 8 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) ("the AD(JR) Act").

Chronological account of factual background 2 The first applicant ("Ms Soondur") is a citizen of Fiji. She arrived in Australia on 30 November 1989 with her then husband, Yushrazsingh Soondur, and their daughter, Sanjana (the second applicant), on a visitor's visa of three months' duration from arrival. On 9 February 1990, they applied to remain permanently in Australia (Mr Soondur was the "principal applicant"). The application was for a "Permanent Entry Permit After Entry". On 12 February 1992, a delegate of the respondent ("the Minister") wrote to Ms Soondur advising her that the application had been refused on 3 February 1992 and that she was an "illegal entrant" and had been since 9 February 1990 since her entry permit had allowed her to remain in Australia only until that date. (In fact, a copy of the entry permit in evidence states, consistently with the visitor's visa, that the relevant period was 3 months from 30 November 1989, but nothing turns on the discrepancy.) First application for refugee status (predecessor of protection visa) 3 On 3 April 1992, Ms Soondur's solicitors lodged on her behalf an "Application for Refugee Status in Australia" with the Department of Immigration, Local Government & Ethnic Affairs ("the Department" – later the Department of Immigration & Multicultural Affairs). Included in her application were her husband, her daughter Sanjana, and a second daughter Sheena (the third applicant), who had been born in Australia on 4 November 1991. 4 On 16 July 1993, Ms Soondur's marriage to Yushrazsingh Soondur was dissolved. 5 On or about 28 February 1996, a delegate of the Minister refused Ms Soondur's application for refugee status. On 15 March 1996, Ms Soondur lodged with the Refugee Review Tribunal ("RRT") an application for review of the delegate's decision. On 29 August 1997, the RRT affirmed the delegate's decision to refuse a protection visa. 6 Ms Soondur did not seek judicial review of the RRT's decision. However, on 8 September 1997, her solicitors wrote to the Minister requesting that he exercise his discretion under s 417 of the Act to substitute for the RRT's decision a decision more favourable to Ms Soondur. On or about 25 March 1998 or 2 April 1998 (both dates appear in the evidence), the Minister notified Ms Soondur that he declined to exercise his discretion in her favour. Neither the solicitors' letter nor the Minister's response is in evidence.