Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Abidin v Minister for Immigration and Multicultural Affairs [2001] FCA 842
MIGRATION – protection visa – application for review of decision of Refugee Review Tribunal – application out of time – application placed in delivery box at Detention Centre in sufficient time but not forwarded by Centre authorities until too late – whether "lodged" in time – whether s 478 of Migration Act constitutionally valid WORDS AND PHRASES – "lodged" Constitution s 77(i) Migration Act 1958 (Cth) s 478 Hong v Minister for Immigration and Multicultural Affairs (1998) 82 FCR 468 at 471 applied Kucuk v Minister for Immigration and Multicultural Affairs [2001] FCA 535 followed Rudolphy v Lightfoot (1999) 197 CLR 500, at 507 Oguzhan v Minister for Immigration and Multicultural Affairs (2000) 99 FCR 285 at [34] Abebe v Commonwealth (1999) 197 CLR 510 at 523, [23] Gleeson CJ, McHugh J ZAINAL ABIDIN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 206 OF 2000 HEEREY J 16 JULY 2001 MELBOURNE (HEARD IN PERTH)
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 206 OF 2000
BETWEEN: ZAINAL ABIDIN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: HEEREY J
DATE OF ORDER: 16 JULY 2001
WHERE MADE: MELBOURNE (HEARD IN PERTH)
THE COURT ORDERS THAT: 1. The respondent's objection to competency is upheld. 2. The application is dismissed. 3. The applicant pay the respondent's costs to be taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 206 OF 2000
BETWEEN: ZAINAL ABIDIN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
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