Bistrov v Minister for Immigration & Multicultural Affairs [2001] FCA 977

FEDERAL COURT OF AUSTRALIA

Bistrov v Minister for Immigration & Multicultural Affairs [2001] FCA 977 Migration Act 1958 ss 430B(6), 441A(1), 478 Migration Regulations 1994 reg 5.03 RONI BISTROV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 681 OF 2001 SUNDBERG J 26 JULY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 681 OF 2001

BETWEEN: RONI BISTROV

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 26 JULY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the motion notice of which was filed on 16 July 2001. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 681 OF 2001

BETWEEN: RONI BISTROV

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: SUNDBERG J

DATE: 26 JULY 2001

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 The applicant applied for a protection visa. The application was refused. The refusal was upheld by the Refugee Review Tribunal in a decision handed down on 9 March 2001. The applicant has applied for a review of that decision under Part 8 of the Migration Act 1958. The application was filed on 22 June 2001. The respondent seeks dismissal of the application on the ground that it was not lodged within the time prescribed by s 478(1)(b) of the Migration Act 1958. Section 478 provides:

"(1) An application under section 476 or 477 must:

(a) be made in such manner as is specified in the Rules of Court made under the Federal Court of Australia Act 1976; and

(b) be lodged with a Registry of the Federal Court within 28 days of the applicant being notified of the decision.