Hasan v Minister for Immigration & Multicultural Affairs [1999] FCA 807

Hasan v Minister for Immigration & Multicultural Affairs [1999] FCA 807

The application was incompetent because the Tribunal's letter of 26 March 1999 did not communicate any reviewable decision but merely stated that the Tribunal was functus officio; alternatively, if the letter referred to the Tribunal's decision of 9 September 1997, the applicant had already taken up and withdrawn the right of review and it was no longer open to seek review of that decision.

Jurisdiction
Australia
Judgment Date
11 June 1999
Procedural Posture
Application for an Order of Review in a Migration Matter / Ex Tempore Judgment on Competence of the Application
Outcome
Application dismissed as incompetent; no order as to costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal Jurisdiction' 'out of Time Review Application' 'functus Officio' 'judicial Review' 'ministerial Intervention']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Jurisdiction' 'out of Time Review Application' 'functus Officio' 'judicial Review' 'ministerial Intervention']

Case Brief

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Procedural Posture

Application for an Order of Review in a Migration Matter / Ex Tempore Judgment on Competence of the Application

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal's letter dated 26 March 1999 communicated a reviewable decision." "Whether the applicant could seek Federal Court review of the Tribunal's decision of 9 September 1997 that it lacked jurisdiction because the Tribunal application was lodged out of time." "Whether the Federal Court had jurisdiction to interfere with the applicant not having merits review of the delegate's protection visa refusal."]

Ratio Decidendi

The application was incompetent because the Tribunal's letter of 26 March 1999 did not communicate any reviewable decision but merely stated that the Tribunal was functus officio; alternatively, if the letter referred to the Tribunal's decision of 9 September 1997, the applicant had already taken up and withdrawn the right of review and it was no longer open to seek review of that decision.

Court Disposition

Application dismissed as incompetent; no order as to costs.

Orders

  • ['The application be dismissed as incompetent.' 'There be no order as to the costs of the proceedings.']