SZICO v Minister for Immigration and Multicultural Affairs [2006] FCA 1803

FEDERAL COURT OF AUSTRALIA

SZICO v Minister for Immigration and Multicultural Affairs [2006] FCA 1803 MIGRATION – Federal Magistrate found application for judicial review of Tribunal's decision was incompetent on the basis that s 477 prohibits the grant of an extension of time if application is brought outside the 84-day time limit as specified in the section – whether this interpretation of s 477 is correct– whether s 477 is effectively a privative clause. Held: Application dismissed.

Migration Act 1958 (Cth), ss 476, 477, 478 Migration Litigation Reform Act 2005 (Cth), Schedule 1 item 42 Judiciary Act 1903 (Cth), s 39B Wang v Minister for Immigration and Multicultural Affairs (1997) 151 ALR 717, followed Yong Jun Qin v Minister for Immigration and Multicultural Affairs (1997) 144 ALR 695, distinguished NABM v Minister for Immigration and Multicultural Affairs (2002) 70 ALD 64, distinguished Rishmawi v Minister for Immigration and Multicultural Affairs [1999] FCA 611, distinguished Wickremsainghe v Minister for Immigration and Multicultural Affairs (1998) 82 FCR 125, referred to Hamilton v Minister for Immigration and Ethnic Affairs (1994) 53 FCR 349, referred to Plaintiff S157/2002 v The Commonwealth (2003) 211 CLR 476, followed SZICO, SZICP AND SZICQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 740 OF 2006

TAMBERLIN J

21 DECEMBER 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 740 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZICO, SZICP AND SZICQ

Applicants

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: TAMBERLIN J

DATE OF ORDER: 21 DECEMBER 2006

WHERE MADE: SYDNEY