Isa v Minister for Immigration and Multicultural Affairs

[2002] FCAFC 216

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	No S 143 of 2001

ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA

BETWEEN:	HASAN KHALIL ISA Appellant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent
JUDGE:	NORTH, GOLDBERG & HELY JJ
DATE OF ORDER:	18 JULY 2002
WHERE MADE:	MELBOURNE

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	No S 143 of 2001

ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA

BETWEEN:	HASAN KHALIL ISA Appellant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent

JUDGE:	NORTH J
DATE:	18 JULY 2002
PLACE:	MELBOURNE

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.

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	No S 143 of 2001

ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA

BETWEEN:	HASAN KHALIL ISA Appellant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent

JUDGE:	GOLDBERG & HELY JJ
DATE:	18 JULY 2002
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

GOLDBERG & HELY JJ

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 we have given in that matter the appeal in this matter should be dismissed.

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

Counsel for the Appellant:	Ms D S Mortimer - appeared pro bono
Counsel for the Respondent:	Ms S Maharaj
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	25 February 2002
Date of filing written submissions:	4, 11 and 12 March 2002
Date of Judgment:	18 July 2002