Asakerah v Minister for Immigration and Multicultural Affairs [2001] FCA 1713

FEDERAL COURT OF AUSTRALIA

Asakerah v Minister for Immigration and Multicultural Affairs

[2001] FCA 1713

ASAKERAH v MINISTER FOR IMMIGRATION AND MULTICULTURAL

AFFAIRS

W 243 of 2001

CARR J

4 DECEMBER 2001

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 243 OF 2001

BETWEEN: YOUSIF ABDUL KAREEM ASAKERAH

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE OF ORDER: 4 DECEMBER 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The respondent's objection to competency be upheld. 2. The application be dismissed. 3. The applicant pay the respondent's costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 243 OF 2001

BETWEEN: YOUSIF ABDUL KAREEM ASAKERAH

Applicant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE: 4 DECEMBER 2001

PLACE: PERTH

REASONS FOR JUDGMENT

introduction 1 This is an objection to competency, notice of which was filed by the respondent on 9 July 2001. The respondent objects to the jurisdiction of this Court to determine an application for an order of review lodged by the applicant on 15 June 2001. The respondent specifies two grounds in his notice of objection to competency. The first is that the application, for review of a decision by the Refugee Review Tribunal on 19 April 2001, was not lodged with a registry of this Court within 28 days of the applicant being notified of the Tribunal's decision, as required by former s 478(1)(b) of the Migration Act 1958 (Cth) ("the Act"). The second is that the Court's jurisdiction to review the Tribunal's decision under the Administrative Decisions (Judicial Review) Act 1977 (Cth) is specifically excluded by former s 485 of the Act in respect of "judicially-reviewable decisions" and that the Tribunal's decision in this matter is a "judicially-reviewable decision" under the Act. Both ss 478 and 485 of the Act continue to apply to this matter by reason of the date upon which the application was filed – see s 3 and Part 2 of Schedule 1 of the Migration Legislation Amendment (Judicial Review) Act 2001 (Cth).