Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wukir v Minister for Immigration and Multicultural Affairs [2001] FCA 1449
TRIE WUKIR AND UIRA NABILLA V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N1074 OF 2001 MOORE J 4 SEPTEMBER 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1074 OF 2001
BETWEEN: TRIE WUKIR AND UIRA NABILLA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE
DATE OF ORDER: 4 SEPTEMBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants pay the respondent's 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 N1074 OF 2001
BETWEEN: TRIE WUKIR AND UIRA NABILLA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE
DATE: 4 SEPTEMBER 2001
PLACE: SYDNEY
EX TEMPORE REASONS FOR JUDGMENT
MOORE J: 1 Having regard to the exchange between the applicant and myself and counsel for the Minister and myself it appears that at best this is an application to review a judicially reviewable decision made by the Refugee Review Tribunal on 30 December 1998. The application was made on 13 July 2001. It is plainly incompetent. I suspect, however, that these proceedings were initiated by the applicant in this Court in the hope that this Court may be able to provide her with some comfort about her position in this country and more particularly the position of her young daughter. 2 However, as I have endeavoured to explain it is not my role to make decisions under the Migration Act 1958 (Cth) addressing those matters even if the Act provided an opportunity for the applicant and/or her daughter to remain in Australia. The only course open to me is to order that the application is dismissed and the applicant pay the respondent's costs and I so order. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.
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