WAAF v Minister for Immigration & Multicultural Affairs [2002] FCA 135

FEDERAL COURT OF AUSTRALIA

WAAF v Minister for Immigration & Multicultural Affairs

[2002] FCA 135

PRACTICE AND PROCEDURE – application for review of decision of Refugee Review Tribunal – application filed after 2 October 2001 – whether application should be transferred to the Federal Magistrates Court. Federal Court of Australia Act 1976 (Cth), s 32AB(6) Federal Court Rules Order 82r 6(1)

WAAF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W462 of 2001 CARR J 21 FEBRUARY 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W462 OF 2001

BETWEEN: WAAF

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE OF ORDER: 21 FEBRUARY 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be transferred to the Federal Magistrates Court. 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 W462 OF 2001

BETWEEN: WAAF

Applicant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE: 21 FEBRUARY 2002

PLACE: PERTH

REASONS FOR JUDGMENT 1 These reasons are concerned with the question whether this application should be transferred to the Federal Magistrates Court. The application is for review of a decision of the Refugee Review Tribunal confirming a decision of the respondent not to grant the applicant a protection visa. It was filed on 8 October 2001 and thus falls to be decided under the Migration Act as amended substantially with effect on and from 2 October 2001. From that date the subject matter of the application has been within the jurisdiction of the Federal Magistrates Court. 2 On 5 February 2002 I caused identical letters to be sent to the applicant (who is not legally represented) and to the respondent's solicitor advising them that I was considering whether to make an order, on my own motion, to transfer this application to the Federal Magistrates Court under Order 82 rule 6(1) of the Federal Court Rules. 3 The parties were invited to file written submissions on that matter within 14 days of the date of the letter. Neither party filed submissions within that period.