FEDERAL COURT OF AUSTRALIA

 

Pronko v Minister for Immigration & Multicultural Affairs [2001] FCA 1165



 


ANNA PRONKO v

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 905 OF 2001

 

 

TAMBERLIN J

SYDNEY

3 AUGUST 2001

 




IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

N 905 OF 2001

 

BETWEEN:

ANNA PRONKO

APPLICANT

 

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

 

JUDGE:

TAMBERLIN J

DATE OF ORDER:

3 AUGUST 2001

WHERE MADE:

SYDNEY

 

THE COURT ORDERS THAT:

 

The application for review is dismissed with 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

N 905 OF 2001

 

BETWEEN:

ANNA PRONKO

APPLICANT

 

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

 

 

JUDGE:

TAMBERLIN J

DATE:

3 AUGUST 2001

PLACE:

SYDNEY


REASONS FOR JUDGMENT

1                     In this matter, I have read the material which is set out in the Court book and I have considered the submissions which have been made by the Minister for Immigration and Multicultural Affairs.  Ms Pronko has been referred for legal advice and, as I understand it, she has spoken with a legal adviser.  The respondent’s outline of submissions in this case sets out a detailed chronology of the history and background of the application by Ms Pronko for refugee status.

2                     I am satisfied that the Court does not have jurisdiction to review the determination of 14 May 2001, which appears in the Court book at 78.  I am also satisfied that in so far as any application for review of the decision of 1 March 1999 is concerned, the Court has no jurisdiction because of the lapse of time.  Accordingly, I have reached the conclusion that the application cannot proceed and I therefore dismiss the application for review and I order that the applicant pay the costs of the respondent.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.


Associate:


Dated:              3 September 2001



The Applicant appeared in person.




Solicitor for the Respondent:

Mr Zac Chami

Clayton Utz



Date of Hearing:

3 August 2001



Date of Judgment:

3 August 2001