NAJP of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1452

FEDERAL COURT OF AUSTRALIA

NAJP of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1452 NAJP OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1058 OF 2002 SACKVILLE J SYDNEY 25 NOVEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1058 OF 2002

ON APPEAL FROM A MAGISTRATE OF THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: NAJP of 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 25 NOVEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1058 OF 2002

ON APPEAL FROM A MAGISTRATE OF THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: NAJP of 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SACKVILLE J

DATE: 25 NOVEMBER 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a decision of a Federal Magistrate. On 19 September 2002, Driver FM dismissed an application brought by the appellant to review a decision of the Refugee Review Tribunal ("RRT") handed down on or about 2 May 2002. The RRT affirmed a decision of a delegate of the respondent ("the Minister"), made on 16 November 1999, not to grant the appellant a protection visa. 2 The appellant arrived in Australia on 9 October 1990 on a temporary visa valid for three weeks. He applied for that protection visa on 2 August 1999 (his initial application for a protection visa, made in January 1994, was subsequently withdrawn). The application to review the delegate's decision was filed in the RRT on 27 November 1999. The RRT therefore took nearly two and a half years to dispose of the application for review of the delegate's decision. 3 The application for judicial review of the RRT's decision was initially filed by the appellant in this Court on 27 May 2002, but was transferred to the Federal Magistrates Court by order of Stone J on 15 July 2002. The Magistrates Court was thus exercising the jurisdiction conferred on that Court by s 483A of the Migration Act 1958 (Cth) ("Migration Act") which confers on the Magistrates Court the same jurisdiction as the Federal Court has in relation to a matter arising under the Migration Act. The Federal Court's jurisdiction includes that conferred by s 39B(1) of the Judiciary Act 1903 (Cth). 4 The appeal to this Court is brought pursuant to s 24(1)(d) of the Federal Court of Australia Act 1976 (Cth) ("Federal Court Act"). The Chief Justice has made a direction pursuant to s 25(1A) of the Federal Court Act that it is appropriate for a single Judge to exercise the appellate jurisdiction of the Court in respect of the appeal.