Bistrov v Minister for Immigration & Multicultural Affairs [2001] FCA 977

Bistrov v Minister for Immigration & Multicultural Affairs [2001] FCA 977

The Tribunal decision was handed down on 9 March 2001, the applicant was not present, and on that day the Tribunal sent notice and reasons by registered post to the applicant's residential address. Under reg 5.03 the letter was taken to have been received on 16 March 2001, so the 28 day period under s 478(1)(b) expired on 6 April 2001. Because the application filed on 22 June 2001 was well outside that period and s 478(2) deprived the Court of power to extend time, the Court had no jurisdiction to entertain the application and it had to be dismissed.

Jurisdiction
Australia
Judgment Date
26 July 2001
Procedural Posture
Application for Review of Refugee Review Tribunal Decision Under Part 8 of the Migration Act 1958 / Respondent's Motion to Dismiss the Application as Not Lodged Within the Time Prescribed by S 478(1)(b) of the Migration Act 1958
Outcome
Application dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'federal Court Review' 'time Limit for Filing' 'notification of Tribunal Decision' 'jurisdiction']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'federal Court Review' 'time Limit for Filing' 'notification of Tribunal Decision' 'jurisdiction']

Case Brief

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Procedural Posture

Application for Review of Refugee Review Tribunal Decision Under Part 8 of the Migration Act 1958 / Respondent's Motion to Dismiss the Application as Not Lodged Within the Time Prescribed by S 478(1)(b) of the Migration Act 1958

Legal Issues

  1. 1 ['Whether the application for review was lodged within 28 days of the applicant being notified of the Refugee Review Tribunal decision as required by s 478(1)(b) of the Migration Act 1958.' 'Whether the Federal Court had power to extend the prescribed time or jurisdiction to entertain an out-of-time application.']

Ratio Decidendi

The Tribunal decision was handed down on 9 March 2001, the applicant was not present, and on that day the Tribunal sent notice and reasons by registered post to the applicant's residential address. Under reg 5.03 the letter was taken to have been received on 16 March 2001, so the 28 day period under s 478(1)(b) expired on 6 April 2001. Because the application filed on 22 June 2001 was well outside that period and s 478(2) deprived the Court of power to extend time, the Court had no jurisdiction to entertain the application and it had to be dismissed.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs of the motion notice of which was filed on 16 July 2001."]