SZKPU v Minister for Immigration
[2007] FMCA 1197
•5 June 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZKPU v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 1197 |
| MIGRATION – Application filed out of time – application for extension of time not made within 84 days of the actual notification of the decision – no power to extend the date for making the application. |
| Migration Act 1958 (Cth), s.477 Federal Magistrates Court Rules 2001, r.44.06(2)(a) |
| Applicant: | SZKPU |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File number: | SYG 1501 of 2007 |
| Judgment of: | Turner FM |
| Hearing date: | 5 June 2007 |
| Date of last submission: | 5 June 2007 |
| Delivered at: | Sydney |
| Delivered on: | 5 June 2007 |
REPRESENTATION
| The Applicant appeared in person |
| Solicitors for the Respondents: | Ms S. Kantaria of Clayton Utz |
ORDERS
The application is dismissed pursuant to Rule 44.06(2)(a).
The applicant is to pay the costs of the first respondent fixed in the amount of &1,000.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1501 of 2007
| SZKPU |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
The application in this matter has been filed out of time.
In the application to the Court, the applicant states that he was notified of the Tribunal’s decision on 17 March 2004.
The applicant has applied for an extension of time under s.477 of the Migration Act 1958 (Cth). Under that section, the Court may extend the period for filing an application provided that the application for extension is made within 84 days of the actual notification of the decision.
The application was filed on 11 May 2007, and notification of the decision was received on 17 March 2004. It is clear that the application for an extension of time was not made within 84 days of the actual notification of decision. The Court therefore has no power to extend the date for the making of this application, and an extension of time will therefore not occur.
The Court finds it has no jurisdiction to hear this matter. The application to this Court is therefore dismissed.
I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Turner FM
Acting Associate: Mary Giang
Date: 23 July 2007
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