Applicant S210/2003 v Minister for Immigration & Multicultural Affairs [2006] FCA 988

Applicant S210/2003 v Minister for Immigration & Multicultural Affairs [2006] FCA 988

The Federal Magistrates Court proceeding filed on 10 April 2006 was well out of time to challenge the Refugee Review Tribunal decision handed down in 2001, and was rightly dismissed as incompetent. There was no prospect of success on any appeal, granting leave would be futile, and refusing leave would not cause injustice to the applicant.

Jurisdiction
Australia
Judgment Date
11 July 2006
Procedural Posture
Application for Leave to Appeal From the Federal Magistrates Court / Leave to Appeal Dismissed
Outcome
The application for leave to appeal was dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'migration Act Time Limits' 'leave to Appeal']
['immigration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'migration Act Time Limits' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal From the Federal Magistrates Court / Leave to Appeal Dismissed

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the decision of Driver FM dismissing the applicant's challenge to the Refugee Review Tribunal decision." 'Whether the proceedings filed in the Federal Magistrates Court on 10 April 2006 were out of time and incompetent under s 477 of the Migration Act 1958 (Cth) as affected by cl 42 of schedule 1 of the Migration Litigation Reform Act 2005 (Cth).']

Ratio Decidendi

The Federal Magistrates Court proceeding filed on 10 April 2006 was well out of time to challenge the Refugee Review Tribunal decision handed down in 2001, and was rightly dismissed as incompetent. There was no prospect of success on any appeal, granting leave would be futile, and refusing leave would not cause injustice to the applicant.

Court Disposition

The application for leave to appeal was dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed with costs.' 'Costs be fixed in the sum of $1,200.' 'The applicant not file any further proceedings in this Court seeking to challenge the decision of the Refugee Review Tribunal made on 26 March 2001 and handed down on 18 April 2001 or the decision of the delegate...