Haxhiu v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1526

FEDERAL COURT OF AUSTRALIA

Haxhiu v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1526 MIGRATION – privative clause – application to review decision of the Migration Review Tribunal – application out of time – Court has no jurisdiction to consider application made out of time.

Migration Act 1958 (Cth): ss 474(1), 477 Migration Legislation (Amendment Judicial Review) Act 2001 (Cth) Federal Court Rules: O 54B r3

Nirmalan v Minister for Immigration and Multicultural Affairs [1998] FCA 672, applied Salehi v Minister for Immigration and Multicultural Affairs [2001] FCA 995, applied Sahak v Minister for Immigration and Multicultural Affairs [2002] FCAFC 215, applied R v Hickman; Ex parte Fox (1945) 70 CLR 598, followed NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228, followed PELLUMB HAXHIU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 451 of 2002 GOLDBERG J 9 DECEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V451 of 2002

BETWEEN: PELLUMB HAXHIU

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 9 DECEMBER 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The respondent be given leave to file the notice of objection to competency filed on 3 September 2002. 2. The objection to competency filed by the respondent be upheld. 3. The application be dismissed. 4. The applicant pay the respondent's costs of and incidental to the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V451 of 2002

BETWEEN: PELLUMB HAXHIU