S222 of 2003 v Minister for Immigration
[2006] FMCA 601
•19 April 2006
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| S222 of 2003 v MINISTER FOR IMMIGRATION | [2006] FMCA 601 |
| MIGRATION – Dismissal where application filed out of time. |
| Migration Act 1958, s.477 Federal Magistrates Court Rules 2001 |
| Applicant: | APPLICANT S222 OF 2003 |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File number: | SYG856 of 2006 |
| Judgment of: | Raphael FM |
| Hearing date: | 19 April 2006 |
| Date of last submission: | 19 April 2006 |
| Delivered at: | Sydney |
| Delivered on: | 19 April 2006 |
REPRESENTATION
| For the Applicant: | In Person |
| Solicitors for the Respondent: | Australian Government Solicitor |
ORDERS
Application be dismissed.
Applicant to pay the respondent’s costs assessed in the sum of $1,000.00 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG856 of 2003
| APPLICANT S222 OF 2003 |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
The applicant, who has brought previous proceedings to seek review of a decision of the Refugee Review Tribunal made on 23 May 2000, filed this application on 22 March 2006, approximately one month after the final decision of the Full Bench of the Federal Court in relation to his other applications. The respondent Minister seeks an order dismissing the application on the grounds that it is incompetent by virtue of the provisions of s.477 and in particular s.477(3) Migration Act 1958 (the “Act”) which came into effect on 1 December 2005.
The new subsection is perfectly clear. It prohibits this court from extending the time for the filing of an application beyond a date in February 2006. This particular application, being filed in March 2006, was out of time. As the court cannot extend the time further the court cannot hear the application. It is as well to note that even if the court was able to hear the application it would deal sympathetically with an application by the Minister to dismiss the application on the grounds that it was an abuse of process because the decision in respect of which a review is sought has already been the subject of decisions by the Federal Court and the High Court.
The court orders that:
(1) The application be dismissed as incompetent.
(2)The applicant is to pay the first respondent's costs assessed in the sum of $1,000.00 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date:
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