FEDERAL COURT OF AUSTRALIA
Applicant S240 of 2003 v Minister for Immigration and Citizenship [2007] FCA 216
APPLICANT S240 OF 2003 v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 2277 OF 2007
MOORE J
27 FEBRUARY 2007
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 2277 OF 2007 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
APPLICANT S240 OF 2003 Applicant
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AND: |
MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
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MOORE J |
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DATE OF ORDER: |
27 FEBRUARY 2007 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed.
2. The applicant pay the first respondent's costs.
3. The name of the first respondent be amended to the 'Minister for Immigration and Citizenship'.
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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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 2277 OF 2007 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
applicant s240 OF 2003 Applicant
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AND: |
MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
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JUDGE: |
MOORE J |
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DATE: |
27 FEBRUARY 2007 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This is an application for leave to appeal against a judgment of a Federal Magistrate of 31 October 2006 dismissing as incompetent an application filed on 22 August 2006: see Applicant S240 of 2004 v Minister for Immigration & Anor [2006] FMCA 1705. That application was an application for judicial review of a decision of the Refugee Review Tribunal given on 27 October 1995 affirming a decision of a delegate of the first respondent not to grant the applicant protection visa. The Federal Magistrate concluded the application was incompetent as the application was out of time and the Court had no discretion to extend time in the circumstances, since the transitional provisions in the Migration Litigation Reform Act 2005 (Cth) were applicable and the application had been filed over 84 days after 1 December 2005 . It appears to me that the decision of the Federal Magistrate was correct and that any appeal if ever given would be futile. I dismiss the application for leave and order the applicant to pay the first respondent’s costs.
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I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore. |
Associate:
Dated: 2 March 2007
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The Applicant appeared in person |
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Solicitor for the Respondent: |
Australian Government Solicitor |
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Date of Hearing: |
27 February 2007 |
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Date of Judgment: |
27 February 2007 |
