Salehi v Minister for Immigration & Multicultural Affairs [2001] FCA 995

FEDERAL COURT OF AUSTRALIA

Salehi v Minister for Immigration & Multicultural Affairs [2001] FCA 995 MIGRATION - Application to review decision of Refugee Review Tribunal - application lodged outside 28 day period - notice of objection to competency - applicant in immigration detention - applicant had difficulty obtaining form for an application for review from respondent's officers despite requests - applicant gave completed application to respondent's officers to lodge with Court by facsimile within 28 day period prescribed under s 478(1)(b) Migration Act 1958 (Cth) - application lodged with Court after 28 day period had elapsed - delay due to administrative error - whether s 478 creates a jurisdictional bar - whether s 478(2) should be construed as subject to certain exception.

Migration Act 1958 (Cth) Re Refugee Review Tribunal; ex parte HB [2001] HCA 34 applied Hocine v Minister for Immigration and Multicultural Affairs (2000) 99 FCR 269 applied Oguzhan v Minister for Immigration and Multicultural Affairs (2000) 99 FCR 285 applied Nirmalan v Minister for Immigration and Multicultural Affairs [1998] FCA 562 applied Quevedo-Navarro v Minister for Immigration and Multicultural Affairs [1999] FCA 83 applied Pannasara v Minister for Immigration and Multicultural Affairs [2000] FCA 213 applied H v Minister for Immigration and Multicultural Affairs [2001] FCA 43 applied Al Achrafi v Minister for Immigration and Multicultural Affairs (1997) 46 ALD 550 referred to Ayub v Minister for Immigration and Multicultural Affairs [2000] FCA 1844 considered Al Adwan v Minister for Immigration and Multicultural Affairs [2001] FCA 706 referred to Kucuk v Minister for Immigration and Multicultural Affairs [2001] FCA 535 applied Gamage v Minister for Immigration and Multicultural Affairs [2000] FCA 1223 referred to Takli v Minister for Immigration and Multicultural Affairs [2000] FCA 1186 referred to Savouts v Minister for Immigration and Multicultural Affairs [2000] FCA 1059 referred to Radhi v Minister for Immigration and Multicultural Affairs [2000] FCA 777 referred to Duwai v Minister for Immigration and Multicultural Affairs [1999] FCA 1309 applied Kumar v Minister for Immigration and Multicultural Affairs (1999) 58 ALD 680 referred to Susiatin v Minister for Immigration and Multicultural Affairs (1998) 83 FCR 574 referred to Long v Minister for Immigration, Local Government and Ethnic Affairs (1996) 65 FCR 164 applied Wang v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 386 considered Minister for Immigration and Multicultural Affairs v Polat (1995) 57 FCR 98 applied Formosa v Secretary, Department of Social Security (1988) 46 FCR 117 applied Hong v Minister for Immigration and Multicultural Affairs (1998) 82 FCR 468 applied Guendouz v Minister for Immigration and Multicultural Affairs [2000] FCA 766 considered Bariah v Minister for Immigration and Multicultural Affairs [2000] 1253 considered Minister for Immigration and Multicultural Affairs v Ozmanian (1996) 71 FCR 1 applied Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (Cth) (1981) 147 CLR 297 referred to MacAlister v The Queen (1990) 169 CLR 324 referred to Saraswati v The Queen (1991) 172 CLR 1 considered Le v Minister for Immigration and Ethnic Affairs (1994) 53 FCR 27 considered Brehoi v Attorney-General of the Commonwealth of Australia [2000] FCA 1747 referred to Al Adwan v Minister for Immigration and Multicultural Affairs [2001] FCA 706 applied Barzideh v Minister for Immigration and Multicultural Affairs (1997) 72 FCR 337 considered Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17 considered ALI SALEHI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S138 OF 2000 MANSFIELD J ADELAIDE (HEARD IN PORT HEDLAND) 1 AUGUST 2001