Syed v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SYED & ORS v MINISTER FOR IMMIGRATION & ANOR [2011] FMCA 397

MIGRATION – Application for extension of time to review decision of MRT – where no reasonably arguable case – where applicant applied for Ministerial intervention under s.351.

Migration Act 1958 (Cth), ss.116(3), 351, 476, 477
Migration Regulations 1994, r.2.43(2)(b)(i)

Daniel v Minister for Immigration [2004] FCA 21

First Applicant:

Second Applicant:

Third Applicant:

Fourth Applicant:

Fifth Applicant:

ZULFIQAR ALI SYED

BUSHRA ZAINAB SYED

SAIMABSAR ALI RIZUI SYED

EZRAM ABBAS ALI RIZUI SYED

ABIHA RUBAB SYED

First Respondent:

Second Respondent:

MINISTER FOR IMMIGRATION & CITIZENSHIP

MIGRATION REVIEW TRIBUNAL

File Number: DNG 2 of 2011

Judgment of: Raphael FM

Hearing date: 17 May 2011

Date of Last Submission: 17 May 2011

Delivered at: Darwin

Delivered on: 17 May 2011

REPRESENTATION

For the Applicants: In person

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. Substantive application dismissed.

2. Applicant to pay the First Respondents costs assessed in the sum of $4,000.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT DARWIN

DNG 2 of 2011

ZULFIQAR ALI SYED

First Applicant

BUSHRA ZAINAB SYED

Second Applicant

SAIMABSAR ALI RIZUI SYED

Third Applicant

EZRAM ABBAS ALI RIZUI SYED

Fourth Applicant

ABIHA RUBAB SYED

Fifth Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. On 5 January 2011 Mr Syed applied to this court to review a decision of the Migration Review Tribunal that had been handed down on 6 June 2010. Section 477 of the Migration Act 1958 (the “Act”) places time limits on applications to this court for a remedy to be granted in exercise of the court’s original jurisdiction under 476.  The time limit is 35 days from the date of the Migration decision.  The full wording of that section is:

   “Time limits on applications to the Federal Magistrates Court

   (1)  An application to the Federal Magistrates Court for a remedy to be granted in exercise of the court's original jurisdiction under section 476 in relation to a migration decision must be made to the court within 35 days of the date of the migration decision.

   (2)  The Federal Magistrates Court may, by order, extend that 35 day period as the Federal Magistrates Court considers appropriate if:

   (a)  an application for that order has been made in writing to the Federal Magistrates Court specifying why the applicant considers that it is necessary in the interests of the administration of justice to make the order; and

   (b) the Federal Magistrates Court is satisfied that it is necessary in the interests of the administration of justice to make the order.

   (3)      In this section:

   "date of the migration decision" means:

   (a)  in the case of a migration decision made under subsection 43(1) of the Administrative Appeals Tribunal Act 1975 --the date of the written decision under that subsection; or

   (b)  in the case of a written migration decision made by the Migration Review Tribunal or the Refugee Review Tribunal--the date of the…