CZAI v Minister for Immigration and Multicultural Affairs [2006] FCA 87

FEDERAL COURT OF AUSTRALIA

CZAI v Minister for Immigration and Multicultural Affairs [2006] FCA 87 MIGRATION – no point of principle CZAI V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL ACD 22/2005 MOORE J 13 FEBRUARY 2006 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY ACD 22 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: CZAI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT JUDGE: MOORE J

DATE OF ORDER: 13 FEBRUARY 2006

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The application to extend time in which to seek leave to appeal is dismissed. 2. The applicant pay the first respondent's costs. 3. The Refugee Review Tribunal be added as a respondent. 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 ACD 22 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: CZAI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MOORE J

DATE: 13 FEBRUARY 2006

PLACE: CANBERRA

REASONS FOR JUDGMENT 1 This is an application for an extension of time in which to seek leave to appeal against a judgment of a Federal Magistrate of 9 August 2005. The Federal Magistrate dismissed as incompetent an application for judicial review which had been filed on 19 May 2005. That application concerned a decision of the Refugee Review Tribunal of 17 June 2003 in which the Tribunal affirmed the decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") to refuse to grant the applicant a protection visa. 2 The reason why the Federal Magistrate dismissed the application as incompetent was because he formed the view that the Tribunal's decision was a privative clause decision and that the application was filed outside the time limit prescribed in the Migration Act 1958 (Cth) ("the Act"). The decision of the Federal Magistrate was made against a background where the applicant had already litigated, in the Federal Magistrates Court, the Federal Court of Australia and the High Court, the issue of whether the Tribunal's decision was attended by jurisdictional error. 3 In my opinion, the Federal Magistrate was correct in dismissing the application as incompetent for the reasons given by his Honour. The applicant has no prospects of succeeding in any appeal if time were extended and leave given. Accordingly, the application to extend time is refused with costs. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.