H v Minister for Immigration and Multicultural Affairs [2001] FCA 906

FEDERAL COURT OF AUSTRALIA

H v Minister for Immigration and Multicultural Affairs [2001] FCA 906

MIGRATION – Refugee claim – Jurisdiction of Refugee Review Tribunal to review a decision of a delegate refusing to grant a protection visa to the applicant – Application lodged on eighth or ninth day after date of delegate's decision – Four days delay in transmission of a document out of detention centre in which applicant was detained – Whether application filed within the period prescribed by the regulations – Interpretation of regulations – Distinction between "sending a notice" of the delegate's decision to a notified address and "handing a notice" of decision to the applicant – Computation of time in the present case – Conclusion that application filed out of time and Tribunal lacked jurisdiction – Observations about potential for injustice in legislation fixing a short time for taking a procedural step without any provision for extension of time. Migration Act 1958 ss 66, 412. Migration Regulations regs 2.16, 4.31, 5.02, 5.03. H v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 40 of 2001 WILCOX J 31 JULY 2001 SYDNEY (HEARD IN PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA W 40 of 2001

DISTRICT REGISTRY

BETWEEN: H

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: WILCOX J

DATE OF ORDER: 31 JULY 2001

WHERE MADE: SYDNEY (HEARD IN PERTH)

THE COURT ORDERS THAT: 1. The Court record be amended to identify the applicant, in all published documents, only as "H". 2. The application be dismissed. 3. The applicant pay the costs of the respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA