NAZJ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1383

NAZJ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1383

The application was dismissed because, on its face, it was incompetent as it was not made within the 28-day period required by s 477(1) of the Migration Act 1958 (Cth), and the Tribunal's reasons disclosed nothing to indicate any error by the Tribunal; the applicant also did not appear when the matter was called on for directions.

Jurisdiction
Australia
Judgment Date
05 March 2004
Procedural Posture
Application Under the Judiciary Act 1903 (cth) and the Migration Act 1958 (cth) for Constitutional Writs Pursuant to S 39 B of the Judiciary Act Concerning Refusal of a Protection Class XA Visa / Hearing for Directions; Respondent's Application for Dismissal Following Notice of Objection to Competency
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'constitutional Writs' 'competency Objection' 'time Limit for Application' 'dismissal for Non Appearance']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Review' 'constitutional Writs' 'competency Objection' 'time Limit for Application' 'dismissal for Non Appearance']

Case Brief

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Procedural Posture

Application Under the Judiciary Act 1903 (cth) and the Migration Act 1958 (cth) for Constitutional Writs Pursuant to S 39 B of the Judiciary Act Concerning Refusal of a Protection Class XA Visa / Hearing for Directions; Respondent's Application for Dismissal Following Notice of Objection to Competency

Legal Issues

  1. 1 ['Whether the application was incompetent because it was not made within 28 days of notification of the Tribunal decision contrary to s 477(1) of the Migration Act 1958 (Cth).' 'Whether the proceeding should be dismissed pursuant to O 10 r 3(2) when the applicant did not appear.' "Whether the Tribunal's reasons indicated any error by the Tribunal."]

Ratio Decidendi

The application was dismissed because, on its face, it was incompetent as it was not made within the 28-day period required by s 477(1) of the Migration Act 1958 (Cth), and the Tribunal's reasons disclosed nothing to indicate any error by the Tribunal; the applicant also did not appear when the matter was called on for directions.

Court Disposition

Application dismissed with costs.

Orders

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