Tuiloma v Minister for Immigration, Local Government and Ethnic Affairs [1992] FCA 1100

Tuiloma v Minister for Immigration, Local Government and Ethnic Affairs [1992] FCA 1100

The applications for extension of time were refused because the delays were inordinate, not sufficiently justified by the circumstances, and no reasonable prospects of success were demonstrated; the interests of justice and the public interest in finality and administrative efficiency outweighed any prejudice to the applicants.

Parties
Firstnamed Applicant: Sekove Korot Tuiloma; Secondnamed Applicant: Kesata Waoqanivera Tuiloma; Firstnamed Respondent: The Minister for Immigration, Local Government and Ethnic Affairs; Secondnamed Respondent: The Members of the Migration Internal Review Office "MIRO" as constituted on or about 8 October 1990; Thirdnamed Respondent: The Members of the Immigration Review Tribunal "IRT" as constituted on 21 December 1990 and/or on 15 May 1991
Jurisdiction
Australia
Judgment Date
10 September 1992
Procedural Posture
Application for Extension of Time for Judicial Review / Ex Tempore Judgment Refusing Extension of Time
Outcome
Application for extension of time refused; injunction dissolved
Legal Topics
Extension of Time for Judicial Review, Administrative Decisions (judicial Review) Act 1977, Migration Regulations R. 42(1 A)(d)
Administrative Law Immigration Law Extension of Time for Judicial Review Administrative Decisions (judicial Review) Act 1977 Migration Regulations R. 42(1 A)(d)

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Parties

Sekove Korot Tuiloma

Firstnamed Applicant

Kesata Waoqanivera Tuiloma

Secondnamed Applicant

The Minister for Immigration, Local Government and Ethnic Affairs

Firstnamed Respondent

The Members of the Migration Internal Review Office "MIRO" as constituted on or about 8 October 1990

Secondnamed Respondent

The Members of the Immigration Review Tribunal "IRT" as constituted on 21 December 1990 and/or on 15 May 1991

Thirdnamed Respondent

Procedural Posture

Application for Extension of Time for Judicial Review / Ex Tempore Judgment Refusing Extension of Time

Legal Issues

  1. 1 Whether extensions of time should be granted to apply for review of three administrative decisions under the Administrative Decisions (Judicial Review) Act 1977
  2. 2 Whether the applicants have reasonably arguable prospects in contesting the refusal of a fresh application for a permanent entry permit

Ratio Decidendi

The applications for extension of time were refused because the delays were inordinate, not sufficiently justified by the circumstances, and no reasonable prospects of success were demonstrated; the interests of justice and the public interest in finality and administrative efficiency outweighed any prejudice to the applicants.

Court Disposition

Application for extension of time refused; injunction dissolved

Orders

  • Application for extension of time refused
  • Injunction granted on 1 September 1992 dissolved