WABG v Minister for Immigration & Multicultural Affairs [2002] FCA 138

FEDERAL COURT OF AUSTRALIA

WABG v Minister for Immigration & Multicultural Affairs

[2002] FCA 138

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)

WABG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W505 of 2001 CARR J 21 FEBRUARY 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W505 OF 2001

BETWEEN: WABG

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 W505 OF 2001

BETWEEN: WABG

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 26 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. The applicant has not filed any submissions. The respondent has forwarded a short submission in the following terms: "As the applicant is currently in detention, the matter has already been given a hearing date (19 March 2002) and involves a review of a privative clause decision (which may involve complex issues), we are instructed to ask that the matter remain in the Federal Court."