SZGAP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1785

FEDERAL COURT OF AUSTRALIA

SZGAP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1785

MIGRATION – dismissal by Federal Magistrates Court of australia ('FMCA') of application for judicial review of decision of Refugee Review Tribunal as incompetent – whether order of dismissal final or interlocutory – whether leave to appeal required – extension of time required in any event – Tribunal's decision handed down on 16 July 1999, before FMCA existed – whether 28-day time limit imposed by s 477(1A) of Migration Act 1958 (Cth) applied – history of provisions by which FMCA given jurisdiction and legislative source of 28-day time limit discussed. PRACTICE AND PROCEDURE – dismissal by Federal Magistrates Court of australia ('FMCA') of application for judicial review of decision of Refugee Review Tribunal as incompetent – whether order of dismissal final or interlocutory – whether leave to appeal required – extension of time required in any event – Tribunal's decision handed down on 16 July 1999, before FMCA existed – whether 28-day time limit imposed by s 477(1A) of Migration Act 1958 (Cth) applied – history of provisions by which FMCA given jurisdiction and legislative source of 28-day time limit discussed.

Migration Act 1958 (Cth) ss 477(1), (1A), (2); 478 (repealed); 483A; 485 (repealed) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth), Schedule 1 Items 7, 8(2)(b) Jurisdiction of the Federal Magistrates Service Legislation Amendment Act 2001 (Cth) Schedule 1 Item 7; Schedule 3 Items 8, 9, 10, 16, 18 Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules O 52 r 15

SZBDN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 656 discussed Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 cited SZDLR v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 144 FCR 368 cited Hall v Nominal Defendant (1966) 117 CLR 423 cited Licul v Corney (1976) 180 CLR 213 cited Carr v Finance Corporation of Australia Limited (No 1) (1981) 147 CLR 246 cited SZDGN v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1543 distinguished MZWJA v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 492 distinguished NACA v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 659 distinguished NAJC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 608 distinguished Marshall v Soedarjanto [2003] FCA 797 distinguished SZFXH v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1140 distinguished SZARK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1458 discussed SZDWE v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1498 discussed SZECK v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 283 discussed Applicant NAGM of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 395 referred to Fifita v Minister for Immigration & Multicultural and Indigenous Affairs [2001] FCA 1695 discussed SZAQL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 759 discussed SZGAP v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND ANOR NSD 1596 of 2005 LINDGREN J 9 DECEMBER 2005 SYDNEY