Pronko v Minister for Immigration & Multicultural Affairs [2001] FCA 1165
Federal Court of Australia
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FEDERAL COURT OF AUSTRALIA
Pronko v Minister for Immigration & Multicultural Affairs [2001] FCA 1165
ANNA PRONKO v
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 905 OF 2001
TAMBERLIN J
SYDNEY
3 AUGUST 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 905 OF 2001
BETWEEN: ANNA PRONKO
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: TAMBERLIN J
DATE OF ORDER: 3 AUGUST 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
The application for review is dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 905 OF 2001
BETWEEN: ANNA PRONKO
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: TAMBERLIN J
DATE: 3 AUGUST 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
1 In this matter, I have read the material which is set out in the Court book and I have considered the submissions which have been made by the Minister for Immigration and Multicultural Affairs. Ms Pronko has been referred for legal advice and, as I understand it, she has spoken with a legal adviser. The respondent's outline of submissions in this case sets out a detailed chronology of the history and background of the application by Ms Pronko for refugee status.
2 I am satisfied that the Court does not have jurisdiction to review the determination of 14 May 2001, which appears in the Court book at 78. I am also satisfied that in so far as any application for review of the decision of 1 March 1999 is concerned, the Court has no jurisdiction because of the lapse of time. Accordingly, I have reached the conclusion that the application cannot proceed and I therefore dismiss the application for review and I order that the applicant pay the costs of the respondent.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.
Associate:
Dated: 3 September 2001
The Applicant appeared in person.
Solicitor for the Respondent: Mr Zac Chami
Clayton Utz
Date of Hearing: 3 August 2001
Date of Judgment: 3 August 2001
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