Orfanou v Minister for Immigration & Multicultural Affairs [2000] FCA 934

Orfanou v Minister for Immigration & Multicultural Affairs [2000] FCA 934

The application was incompetent because it was lodged outside the time prescribed by s 478(1)(b) Migration Act 1958 (Cth), and there was no useful purpose in adjourning the proceedings again where the applicants had already had a number of opportunities to obtain legal advice; accordingly the application was dismissed with costs.

Jurisdiction
Australia
Judgment Date
29 June 2000
Procedural Posture
Application for an Order of Review of a Migration Review Tribunal Decision in Relation to an Application for the Grant of a Bridging Visa / Hearing of the Respondent's Notice of Objection to Competency
Outcome
Application dismissed with costs.
Legal Topics
['bridging Visa' 'migration Review Tribunal' 'objection to Competency' 'time Limit for Judicial Review' 'costs' 'adjournment']
['migration Law' 'administrative Law'] ['bridging Visa' 'migration Review Tribunal' 'objection to Competency' 'time Limit for Judicial Review' 'costs' 'adjournment']

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Procedural Posture

Application for an Order of Review of a Migration Review Tribunal Decision in Relation to an Application for the Grant of a Bridging Visa / Hearing of the Respondent's Notice of Objection to Competency

Legal Issues

  1. 1 ['Whether the application was incompetent because it was lodged outside the time prescribed by s 478(1)(b) Migration Act 1958 (Cth).' 'Whether the proceedings should be adjourned to allow the applicants to obtain legal advice.' "Whether the applicants should pay the Minister's costs."]

Ratio Decidendi

The application was incompetent because it was lodged outside the time prescribed by s 478(1)(b) Migration Act 1958 (Cth), and there was no useful purpose in adjourning the proceedings again where the applicants had already had a number of opportunities to obtain legal advice; accordingly the application was dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • ['Application be dismissed with costs.']