Basbas v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1602

FEDERAL COURT OF AUSTRALIA

Basbas v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1602

MIGRATION – visa – application for relief in respect of decision of Migration Review Tribunal – named applicant a person without standing to apply – named applicant seeking to amend title of proceeding to substitute competent applicant – time limit for application to the Court expired – whether statutory requirements as to parties jurisdictional or procedural – whether proceeding competent – whether to apply to amend title to proceeding is to continue proceeding – power of Court to amend parties of its own motion Migration Act 1958 (Cth) ss 338(2), 347(2), 477(1), 477(2), 478, 479, 486C Federal Court Rules O 13 r 2 Migration Regulations 1994 (Cth) reg 1.03 Yong v Minister for Immigration & Multicultural Affairs (1997) 75 FCR 155 – applied Liu v Minister for Immigration & Multicultural Affairs (1997) 72 FCR 345 – applied Wickremasinghe v Minister for Immigration & Multicultural Affairs (1998) 82 FCR 125 – followed NABM of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 294 at [13] – referred to VHAF v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1243 at [48] – [53] – referred to Minister for Immigration & Multicultural & Indigenous Affairs v VFAD of 2002 [2002] FCAFC 390 at [86] – [90] – referred to FROILAN BASBAS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 583 of 2002 GRAY J 19 DECEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 583 of 2002

BETWEEN: FROILAN BASBAS

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 19 DECEMBER 2002