SZKHP v Minister for Immigration

[2007] FMCA 557

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZKHP v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 557

MIGRATION – Refugee Review Tribunal – Practice and procedure – whether time extension could extend beyond 84 days.

Migration Act 1958 (Cth) ss.477; 477(2); 477(3)

Applicant: SZKHP

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG 755 of 2007

Judgment of: Emmett FM

Hearing date: 27 March 2007

Date of last submission: 27 March 2007

Delivered at: Sydney

Delivered on: 27 March 2007

REPRESENTATION

Applicant appeared on her own behalf

Solicitors for the Respondent: Ms K. Rose, DLA Phillips Fox

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 755 of 2007

SZKHP

Applicant

And

MINISTER OF IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This matter was set down for hearing by me on 22 March 2007 on the issue of whether or not this Court has jurisdiction to consider the application filed on 5 March 2007.  The application seeks judicial review of the decision of the Refugee Review Tribunal (“the Tribunal”), dated 23 January 2006, in respect of which the applicant was notified on 14 February 2006.

2. The applicant filed a document entitled “Submissions” on 26 March 2007, again confirming that she was notified of the Tribunal decision on 14 February 2006. 

3. Section 477 of the Migration Act 1958 (Cth) (“the Act”) provides that an application for judicial review of a Tribunal decision must be made within 28 days of notification of that decision to the applicant. However, s.477(2) provides that the Court may extend that 28 day period by a further 56 days if the application for that order is made within 84 days of the actual notification of the decision and the Court is satisfied that it is in the interest of the administration of justice to do so. Section 477(3) provides that:

   “Except as provided by subsection (2), the Federal Magistrates Court must not make an order allowing, or which has the effect of allowing, an applicant to make an application mentioned in subsection (1) outside that 28 day period.”

4. In the proceeding before this Court, on the material provided by the applicant, she received actual notification of the Tribunal decision on 14 February 2006. Plainly more than 84 days has expired since that date. 

5. In the circumstances, pursuant to s.477(3) of the Act this Court has no jurisdiction to extend time to the applicant for the filing of her application, filed 5 March 2007.

ORDERS DELIVERED

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Emmett FM

Deputy Associate:  E. Maconachie

Date:  4 May 2007