Wukir v Minister for Immigration and Multicultural Affairs

[2001] FCA 1449

FEDERAL COURT OF AUSTRALIA

Wukir v Minister for Immigration and Multicultural Affairs [2001] FCA 1449

TRIE WUKIR AND UIRA NABILLA V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N1074 OF 2001

MOORE J
4 SEPTEMBER 2001
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1074 OF 2001

BETWEEN:	TRIE WUKIR AND UIRA NABILLA APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	MOORE
DATE OF ORDER:	4 SEPTEMBER 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.   The application be dismissed.

2.   The applicants pay the respondent’s costs.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1074 OF 2001

BETWEEN:	TRIE WUKIR AND UIRA NABILLA APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	MOORE
DATE:	4 SEPTEMBER 2001
PLACE:	SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

MOORE J:

1. Having regard to the exchange between the applicant and myself and counsel for the Minister and myself it appears that at best this is an application to review a judicially reviewable decision made by the Refugee Review Tribunal on 30 December 1998.  The application was made on 13 July 2001.  It is plainly incompetent.  I suspect, however, that these proceedings were initiated by the applicant in this Court in the hope that this Court may be able to provide her with some comfort about her position in this country and more particularly the position of her young daughter.

2. However, as I have endeavoured to explain it is not my role to make decisions under the Migration Act1958 (Cth) addressing those matters even if the Act provided an opportunity for the applicant and/or her daughter to remain in Australia. The only course open to me is to order that the application is dismissed and the applicant pay the respondent’s costs and I so order.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:             17 October 2001

The applicant appeared in person on behalf of herself and her daughter

Counsel for the Respondent:	Dean Jordan
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	4 September 2001
Date of Judgment:	4 September 2001