Ngu v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2002] FCA 1371

FEDERAL COURT OF AUSTRALIA

Ngu v Minister for Immigration & Multicultural & Indigenous Affairs

(No 2) [2002] FCA 1371

MIGRATION – judicial review – application to review decision of Administrative Appeals Tribunal – application out of time – application lodged after coming into operation of Migration Legislation (Judicial Review) Amendment Act 2001 – application dismissed on objection to competency – application found to be out of time – time limits governed by amending act – application for extension of time within which to appeal against decision of primary judge upholding objection as to competency – arguable ground that amending provisions did not apply to the class of decision concerned – applicant represented by practitioner suspended from practice prior to delivery of judgment upholding objection as to competency – no prejudice to respondent – extension of time within which to appeal against decision upholding objection as to competency allowed.

Migration Act 1958 (Cth)

Administrative Appeals Tribunal Act 1975 (Cth) s 44

Judiciary Act 1903 (Cth) s 39B

Migration Legislation (Judicial Review) Amendment Act 2001 (Cth)

Powell v Administrative Appeals Tribunal (1998) 89 FCR 1 cited W275/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 773 cited Madafferi v Minister for Immigration & Multicultural Affairs [2002] FCAFC 220 cited Sajntop v Gerber (1992) 23 ATR 403 cited Daher v Minister for Immigration and Ethnic Affairs (1992) 70 FCR 585 cited HUNG THE NGU v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W483 OF 2001 FRENCH J 5 NOVEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W483 OF 2001

BETWEEN: HUNG THE NGU

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS