Hafezyan v Minister for Immigration & Multicultural Affairs [2001] FCA 1131

Hafezyan v Minister for Immigration & Multicultural Affairs [2001] FCA 1131

The applicant was notified of the Tribunal's decision on 11 April 2001, so the 28 day period expired on 9 May 2001. The application was lodged on 10 May 2001. Although there was no evidence of deliberate delay and the detention centre officers did not fail to act with reasonable expedition, the application was out of time and s 478 left the Court without jurisdiction to hear it.

Jurisdiction
Australia
Judgment Date
16 August 2001
Procedural Posture
Application for Judicial Review of a Refugee Review Tribunal Decision Refusing a Protection Visa / Hearing of Application and Objection to Competency
Outcome
Application dismissed for want of jurisdiction because it was filed out of time.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'time Limit for Filing' 'jurisdiction']
['immigration' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'time Limit for Filing' 'jurisdiction']

Case Brief

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Procedural Posture

Application for Judicial Review of a Refugee Review Tribunal Decision Refusing a Protection Visa / Hearing of Application and Objection to Competency

Legal Issues

  1. 1 ["Whether the application for review was lodged with a Registry of the Federal Court within 28 days of the applicant being notified of the Refugee Review Tribunal's decision as required by s 478(1)(b) of the Migration Act 1958 (Cth)." 'Whether the Federal Court had jurisdiction to entertain the application filed one day out of time.']

Ratio Decidendi

The applicant was notified of the Tribunal's decision on 11 April 2001, so the 28 day period expired on 9 May 2001. The application was lodged on 10 May 2001. Although there was no evidence of deliberate delay and the detention centre officers did not fail to act with reasonable expedition, the application was out of time and s 478 left the Court without jurisdiction to hear it.

Court Disposition

Application dismissed for want of jurisdiction because it was filed out of time.

Orders

  • ['The application be dismissed.' "The applicant is to pay the respondent's costs of the application."]