FEDERAL COURT OF AUSTRALIA
Isa v Minister for Immigration and Multicultural Affairs [2002] FCAFC 216
IMMIGRATION – application for review of decision of Refugee Review Tribunal – application out of time under s 478(1)(b) Migration Act 1958 (Cth) – where failure to apply in time not fault of applicant – inability of Federal Court to extend time for lodgment of application irrespective of circumstances.
DISCRIMINATION LAW – whether time limit in s 478(1)(b) Migration Act 1958 (Cth) racially discriminatory – whether time limit discriminated against persons for whom English was not a first or literate language and who were held in immigration detention – whether s 10(1) Racial Discrimination Act 1975 (Cth) applied so as to extend time for application for review – inability to comply not based on race, colour or national or ethnic origin but on individual personal circumstances of applicant.
Sahak v Minister for Immigration & Multicultural Affairs [2002] FCAFC 215 adopted
HASAN KHALIL ISA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
S 143 of 2001
NORTH, GOLDBERG & HELY JJ
18 JULY 2002
MELBOURNE
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IN THE FEDERAL COURT OF AUSTRALIA |
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ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA
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BETWEEN: |
HASAN KHALIL ISA Appellant
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent
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DATE OF ORDER: |
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WHERE MADE: |
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant pay the respondent’s costs of and incidental to the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
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IN THE FEDERAL COURT OF AUSTRALIA |
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ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA
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BETWEEN: |
Appellant
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent
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JUDGE: |
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DATE: |
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PLACE: |
REASONS FOR JUDGMENT
NORTH J
1 The circumstances and issues giving rise to this appeal are set out in Sahak v Minister for Immigration and Multicultural Affairs [2002] FCAFC 215.
2 For the reasons I have given in that matter the appeal in this matter should be dismissed.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North. |
Associate:
Dated: 16 July 2002
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
No S 143 of 2001 |
ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA
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BETWEEN: |
HASAN KHALIL ISA Appellant
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent
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JUDGE: |
GOLDBERG & HELY JJ |
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DATE: |
18 JULY 2002 |
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PLACE: |
MELBOURNE |
REASONS FOR JUDGMENT
GOLDBERG & HELY JJ
3 The circumstances and issues giving rise to this appeal are set out in Sahak v Minister for Immigration and Multicultural Affairs [2002] FCAFC 215.
4 For the reasons we have given in that matter the appeal in this matter should be dismissed.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Goldberg and Hely. |
Associate:
Dated: 16 July 2002
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Counsel for the Appellant: |
Ms D S Mortimer - appeared pro bono |
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Counsel for the Respondent: |
Ms S Maharaj |
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Solicitor for the Respondent: |
Sparke Helmore |
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Date of Hearing: |
25 February 2002 |
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Date of filing written submissions: |
4, 11 and 12 March 2002 |
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Date of Judgment: |
18 July 2002 |
