Bariah v Minister for Immigration & Multicultural Affairs [2000] FCA 1253

Bariah v Minister for Immigration & Multicultural Affairs [2000] FCA 1253

The applicants received notification of the Refugee Review Tribunal's decision well before the 28 days preceding the filing of their Federal Court applications on 15 June 2000. Because the applications were filed outside the period permitted by s 478(1) and s 478(2) prevented the Court from extending that period, the applications were incompetent and had to be dismissed.

Jurisdiction
Australia
Judgment Date
06 September 2000
Procedural Posture
Applications for Judicial Review of a Refugee Review Tribunal Decision Affirming a Delegate's Refusal to Grant Protection Visas / Hearing of the Minister's Notice of Objection to Competency
Outcome
Applications dismissed as incompetent; no order as to costs.
Legal Topics
['protection Visas' 'judicial Review' 'time Limit for Filing Applications' 'competency of Proceedings' 'migration Agent Conduct' 'ministerial Discretion']
['migration Law' 'administrative Law'] ['protection Visas' 'judicial Review' 'time Limit for Filing Applications' 'competency of Proceedings' 'migration Agent Conduct' 'ministerial Discretion']

Case Brief

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Procedural Posture

Applications for Judicial Review of a Refugee Review Tribunal Decision Affirming a Delegate's Refusal to Grant Protection Visas / Hearing of the Minister's Notice of Objection to Competency

Legal Issues

  1. 1 ["Whether the applications for judicial review were lodged within 28 days of the applicants being notified of the Refugee Review Tribunal's decision under s 478(1)(b) of the Migration Act 1958 (Cth)." 'Whether the Court had power to permit the applications to proceed despite being filed outside the statutory period.' "Whether the Court could review a decision not to consider the exercise of the Minister's discretion under s 417(1) of the Migration Act 1958 (Cth)."]

Ratio Decidendi

The applicants received notification of the Refugee Review Tribunal's decision well before the 28 days preceding the filing of their Federal Court applications on 15 June 2000. Because the applications were filed outside the period permitted by s 478(1) and s 478(2) prevented the Court from extending that period, the applications were incompetent and had to be dismissed.

Court Disposition

Applications dismissed as incompetent; no order as to costs.

Orders

  • ['The applications in proceedings N 627 of 2000 and N 628 of 2000 be dismissed as incompetent.' 'No order as to costs.']