Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SAAM v Minister for Immigration & Multicultural Affairs [2002] FCA 444
IMMIGRATION – application instituted outside 28 days from notification of decision of Refugee Review Tribunal – whether the Court can extend the time within which the application may be made – application dismissed. Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 475A, 474(2), 477(2) 478(1)(b) and (2) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Long v Minister for Immigration, Local Government and Ethnic Affairs (1996) 65 FCR 164, referred to Salehi v Minister for Immigration & Multicultural Affairs [2001] FCA 995, applied Kucuk v Minister for Immigration & Multicultural Affairs [2001] FCA 535, referred to R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598, referred to SAAM v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS S.195 of 2001 MANSFIELD J 18 APRIL 2002 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S.195 OF 2001
BETWEEN: SAAM
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MANSFIELD J
DATE OF ORDER: 18 APRIL 2002
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay to the respondent costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S.195 OF 2001
BETWEEN: SAAM
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MANSFIELD J
DATE: 18 APRIL 2002
PLACE: ADELAIDE
REASONS FOR JUDGMENT 1 The applicant arrived in Australia on 9 April 2001. On 25 April 2001 he applied for a protection visa under the Migration Act 1958 (Cth) (the Act). On 16 May 2001 a delegate of the respondent refused to grant that application. The applicant then sought review of that decision by the Refugee Review Tribunal (the Tribunal), and on 3 July 2001 the Tribunal affirmed the decision of the delegate of the respondent not to grant to the applicant a protection visa under the Act. 2 On 1 November 2001 the applicant applied to the Court to review the decision of the Tribunal. To the extent to which that application could then validly be made, it can only be an application under s 39B of the Judiciary Act 1903 (Cth). That is because the application was made after the Act was amended by the Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) (the amending Act), which came into force on 2 October 2001.
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