Al Adwan v Minister for Immigration & Multicultural Affairs [2001] FCA 706

FEDERAL COURT OF AUSTRALIA

Al Adwan v Minister for Immigration & Multicultural Affairs [2001] FCA 706 MIGRATION – application for review – objection to competency – whether application for review filed more than 28 days after notification of decision of Refugee Review Tribunal - whether Migration Regulations, reg 5.03 applies to determine date of notification for the purposes of s 478(1)(b) of the Migration Act. MIGRATION – error of law – whether material error – whether decision of Refugee Review Tribunal should be set aside. Migration Act 1958 (Cth), ss 53, 66, 412(1), 426, 475(1), 476(1), 478. Migration Regulations, rr 2.16, 4.31, 5.03. Nirmalan v Minister for Immigration and Multicultural Affairs [1998] FCA 672, cited. Hocine v Minister for Immigration and Multicultural Affairs (2000) 99 FCR 269, cited. Ayub v Minister for Immigration and Multicultural Affairs [2000] FCA 1844, cited. Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 77, referred to. Minister for Immigration and Multicultural Affairs v Mohommad (2000) 101 FCR 434, cited. Li v Minister for Immigration and Multicultural Affairs (1999) 94 FCR 219, considered. Le Tran Thuy v Minister for Immigration and Multicultural Affairs (2000) 59 ALD 427, cited. Kumar v Minister for Immigration and Multicultural Affairs (1999) 58 ALD 680, followed. Susiatin v Minister for Immigration and Multicultural Affairs v Singh (1998) 83 FCR 574, followed. Kamkar v Minister for Immigration and Multicultural Affairs (1996) 71 FCR 424, distinguished. Wang v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 386, distinguished. Sook Rye Son v Minister for Immigration and Multicultural Affairs (1999) 86 FCR 584, cited. Jayaweera v Minister for Immigration and Multicultural Affairs (2000) 101 FCR 395, cited. Chand v Minister for Immigration and Multicultural Affairs [2000] FCA 428, cited. Uddin v Minister for Immigration and Multicultural Affairs (1999) 165 ALR 243, distinguished. Haddara v Minister for Immigration and Multicultural Affairs (1999) 166 ALR 401, cited. Chand v Minister for Immigration and Multicultural Affairs [2000] FCA 1743, cited. Morales v Minister for Immigration and Ethnic Affairs (1995) 60 FCR 550, cited. Commonwealth v Human Rights and Equal Opportunity Commission (1997) 76 FCR 513, cited. ABDEL FATEH ABUARAB AL ADWAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 80 of 2001 SACKVILLE J SYDNEY 14 JUNE 2001