NAHT of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 485

FEDERAL COURT OF AUSTRALIA

NAHT of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 485

MIGRATION – protection visa – judicial review – Minister's delegate refused to issue protection visa – decision affirmed by Refugee Review Tribunal – a single judge of the Federal Court found that the Refugee Review Tribunal did not make an error of law when it affirmed the decision of the delegate of the Minister – whether unintentional and not unusual delay between the filing of an application for review and the date of the hearing constitutes a denial of natural justice – whether an extension of time should be granted to file an appeal from the decision of a Judge of the Federal Court to a Full Court of the Federal Court where such an extension of time would be futile given the grounds of appeal . Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Migration Act 1958 (Cth)

NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 193 ALR 449 – referred to Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 – referred to Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 195 ALR 1 – referred to

NAHT OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N329 OF 2003 HILL J 14 APRIL 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N329 OF 2003

BETWEEN: NAHT OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 14 APRIL 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent Minister's costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.