Haider v Minister for Immigration and Multicultural Affairs [2001] FCA 1515

FEDERAL COURT OF AUSTRALIA

Haider v Minister for Immigration and Multicultural Affairs [2001] FCA 1515

MIGRATION - refugee - application for review of Tribunal decision - lodged out of time - objection as to competency - whether applicant a minor - possible effects on validity of application for protection visa and effectiveness of notification of Tribunal decision - no proof of minority - no assertion of minority - objection as to competency made out. Immigration (Guardianship of Children) Act 1946 (Cth) s 6, s 5, s 4AAA Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 475(1), s 478, s 486, s 485 Jaffari v Minister for Immigration and Multicultural Affairs [2001] FCA 985 cited X v Minister for Immigration and Multicultural Affairs (1999) 164 ALR 583 cited Jaffari v Minister for Immigration and Multicultural Affairs [2001] FCA 1516 cited Long v Minister for Immigration, Local Government and Ethnic Affairs (1996) 65 FCR 164 followed Salehi v Minister for Immigration and Multicultural Affairs [2001] FCA 995 cited Hocine v Minister for Immigration and Multicultural Affairs (2000) 99 FCR 269 cited CHAMAN ALI HAIDER v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W154 OF 2001 FRENCH J 26 OCTOBER 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W154 OF 2001

BETWEEN: CHAMAN ALI HAIDER

APPLICANT

AND: MINISTER OF IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 26 OCTOBER 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The applicant's motions of 31 August and 13 September 2001 are dismissed. 2. The application is dismissed. 3. The applicant is to pay the respondents' costs of the application. 4. There be liberty to the Director of the Department of Community Development to apply in relation to costs within fourteen days. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.