Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Al Adwan v Minister for Immigration & Multicultural Affairs [2001] FCA 1024 MIGRATION – application for leave to appeal to a Full Court against first instance decision determining as incompetent an application for review of a decision of the Refugee Review Tribunal made outside the time limit stipulated by legislation – such application for leave made outside the time for appealing prescribed by the Rules of Court – decision at first instance as to incompetency of the application for review supported by four earlier decisions of the Court at first instance – discretion to grant leave should not be exercised primarily upon ground as to futility.
Federal Court Rules Order 52 Rule 15(b) Migration Act 1958 (Cth) ss 415(1)(b) and 478(1)(b) Migration Regulations 1994 (Cth) rr 4.31(1) and 5.03(1) Chand v Minister for Immigration and Multicultural Affairs [2000] FCA 1743 referred to Jayaweera v Minister for Immigration and Multicultural Affairs (2000) 101 FCR 395 referred to Kumar v Minister for Immigration and Multicultural Affairs (1999) 58 ALD 680 referred to Sook Rye Son v Minister for Immigration and Multicultural Affairs (1999) 86 FCR 584 referred to Sustiatin v Minister for Immigration & Multicultural Affairs (1998) 83 FCR 574 referred to Minister for Immigration and Multicultural Affairs v Mohammad (2000) 101 FCR 434 referred to ABDEL FATEH ABUARAB AL ADWAN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 80 of 2001 JUDGE: CONTI J DATE: 20 JULY 2001 PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 80 OF 2001
BETWEEN: ABDEL FATEH ABUARAB AL ADWAN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: CONTI J
DATE OF ORDER: 20 JULY 2001
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