Pronko v Minister for Immigration and Multicultural Affairs

[2001] FCA 1165

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