S1430 of 2003 v Minister for Immigration
[2007] FMCA 490
•22 March 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| S1430 of 2003 v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 490 |
| MIGRATION – Practice and Procedure – whether Court has jurisdiction to hear application – whether more than 84 days have expired since notification to applicant of decision of Refugee Review Tribunal. |
| Migration Act 1958 (Cth), ss.477; 477(1); 477(2); 477(3) |
| Applicant: | APPLICANT S1430 OF 2003 |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File number: | SYG3695 of 2006 |
| Judgment of: | Emmett FM |
| Hearing date: | 22 March 2007 |
| Date of last submission: | 22 March 2007 |
| Delivered at: | Sydney |
| Delivered on: | 22 March 2007 |
REPRESENTATION
| Applicant appeared on his own behalf |
| Solicitors for the Respondent: | Ms A. Mansour, Clayton Utz |
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG3695 of 2006
| APPLICANT S1430 OF 2003 |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
The issue of the jurisdiction of this Court to hear the applicant's application filed on 11 December 2006 (“the Application”) was set down for hearing by me on 1 February 2007.
The Application seeks judicial review of a decision of the Refugee Review Tribunal (“the Tribunal”), dated 8 May 2000. The applicant states in the Application that he was notified of the date of the handing down of the decision on 18 May 2000.
Relevantly, s.477(1) of the Migration Act 1958 (Cth) requires that an application seeking judicial review of a decision of the Tribunal must be made within 28 days of the actual notification of the decision. However, pursuant to s.477(2) of the Act, this Court can extend that 28 day period by up to 56 days if the application for that order is made within 84 days of notification of the decision and this Court is satisfied that it is in the interests of the administration of justice to do so. Section 477(3) of the Act provides that, except as provided by s.477(2), this Court must not make an order allowing, or which has the effect of allowing, an applicant to make an application for judicial review outside that 28 day period.
The applicant was unrepresented before the Court this morning and s.477 was read to him and the effect of it explained to him. The applicant did not suggest to this Court, nor is there any evidence to the effect, that the statement contained in the Application, that he was notified of the decision of the Tribunal on 18 May 2000, is incorrect.
The first respondent read the affidavit of Andrea Maree Mansour, sworn 9 March 2007, annexing the litigation history between these parties. That litigation history discloses that, on 13 June 2000, the applicant filed an application in the Federal Court of Australia seeking judicial review of the decision of the Tribunal. It is plain that far more than 84 days have expired from the date of notification to the applicant of the Tribunal's decision, even if one was to take the later date of 13 June 2000.
In the circumstances, by operation of s.477(3) of the Act, this Court has no jurisdiction to extend time to the applicant for the filing of his application. Accordingly, the proceeding before this Court is dismissed.
I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Emmett FM
Deputy Associate: E. Maconachie
Date: 16 April 2007
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