Sochorova v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 817

FEDERAL COURT OF AUSTRALIA

Sochorova v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 817

MIGRATION – claim to refugee status – decision of Migration Review Tribunal – application for extension of time to lodge notice of appeal – procedural requirements of oral decision – whether notification of oral decision effected - whether oral notification by phone contemplated by section 368D(1) - whether applicant need be present for delivery of oral decision. ADMINISTRATIVE LAW – decision of Migration Review Tribunal– whether failure to follow statutory procedure renders a decision inoperative – whether Migration Act expressly or impliedly intended procedural defect to invalidate decision.

Statutes Migration Act 1958 (Cth) ss 368D(1), 368(1), 368A(2),368A(3), 368C(1), 368B(6),379A, 476(2)(a), 776(1)(a), 478, 379(1)(a)(i) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) ss 474, 477, 477(1)

Cases Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 Applied Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Applied Raj v Minister for Immigration (2000) 97 FCR 346 Applied SOCHOROVA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS Q 8 of 2002 KIEFEL J BRISBANE 28 JUNE 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q8 OF 2002

BETWEEN: TEREZE SOCHOROVA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 28 JUNE 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. Adjourn the further hearing of the respondent's objection to competency to a date to be fixed. 2. The respondent pay the applicant's costs of the hearing on the objection to date. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.