WAJU v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 150

FEDERAL COURT OF AUSTRALIA

WAJU v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 150 WAJU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W 137 OF 2003 MOORE J 27 FEBRUARY 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 137 of 2003

On Appeal from the Federal Magistrates Court of Australia

BETWEEN: WAJU

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 27 FEBRUARY 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application for an extension of time is dismissed. 2. The applicant 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 W 137 of 2003

On Appeal from the Federal Magistrates Court of Australia

BETWEEN: WAJU

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE: 27 FEBRUARY 2004

PLACE: PERTH

REASONS FOR JUDGMENT 1 This is an application for an extension of time in which to appeal against the judgment of Federal Magistrate Driver dismissing the applicant's application for judicial review (the application was implicitly seeking the grant of constitutional writs) of a decision of the Refugee Review Tribunal ('the Tribunal') of 11 February 2003. 2 The applicant is an ethnic Tamil of the Hindu religion and a Sri Lankan citizen. On 1 September 2001 he left Sri Lanka by boat, arriving in Australia on the Cocos (Keeling) Islands off the north-west coast of the Australian mainland on 15 September 2001. In August 2002, after six months on Christmas Island where he was processed under the 'Off Shore Regime', he was transferred to Port Hedland. He applied for a protection visa in September 2002. On 13 November 2002, a delegate of the Minister for Immigration & Multicultural Affairs refused to grant the applicant either a Protection (Class XA) visa or a temporary protection visa (subclass 785) under the Migration Act 1958 (Cth) ('the Act'). The applicant lodged an application for review with the Tribunal on 19 November 2002. The Tribunal conducted a hearing on 18 December 2002. On 11 February 2003, the Tribunal affirmed the decision of the delegate not to grant the applicant a protection visa. The applicant then applied to this Court on 24 February 2003 for review of that decision. On 28 March 2003 that application was transferred to the Federal Magistrates Court pursuant to s 32AB of the Federal Court of Australia Act 1976 (Cth). On 21 May 2003, Federal Magistrate Driver dismissed the applicant's application. The applicant now applies for an extension of time in which to appeal against that judgment. It is necessary for time to be extended because any appeal against the judgment should have been filed by 11 June 2003. The notice to appeal was filed on 18 June 2003.