Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAQK v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1626 NAQK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N607 of 2003
17 DECEMBER 2003 MADGWICK J SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N607 of 2003
BETWEEN: NAQK
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 17 DECEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Judgment for the respondent. 2. Applicant to 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 N607 of 2003
BETWEEN: NAQK
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE: 17 DECEMBER 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 In this matter the applicant has purported to invoke the Court's jurisdiction under ss 39B(1) and 39B(1A) of the Judiciary Act 1903 (Cth). The relief sought includes an injunction restraining the respondent from returning the applicant to Iran and an extension of time for the lodgment of an appeal from the decision of the Administrative Appeals Tribunal ("the Tribunal") handed down on 13 August 1999. 2 The applicant with his then wife and children, arrived in Australia on 29 September 1991, and it was accepted that the applicant was a refugee entitled to asylum in Australia and to the issue of the appropriate visa reflecting that status. However, in July 1992, the applicant travelled to India and returned to Australia on 23 September 1992. Shortly after his return he was arrested in relation to a number of drug-related offences arising out of his having taken possession of a package posted from India which contained opium. Further, in late 1994, after the applicant and his wife separated, the applicant was convicted of assaults on his wife and daughter. In 1995, he pleaded guilty to the drug offences and was sentenced to an effective term of imprisonment of two years and three months, with a minimum term of six months. He was ultimately released from prison in 1997. On 9 June 1997, a delegate of the
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