SAAM v Minister for Immigration & Multicultural Affairs [2002] FCA 444

SAAM v Minister for Immigration & Multicultural Affairs [2002] FCA 444

The applicant was notified of the Tribunal's decision on 4 July 2001 but did not file the Court application until 1 November 2001, outside the 28 day period. Because the Tribunal decision was a privative clause decision and s 477(2) of the Migration Act 1958 (Cth) deprived the Court of power to extend time for an application under s 39B of the Judiciary Act 1903 (Cth), the application was incompetent and had to be dismissed. In any event, the applicant did not show reviewable error in the Tribunal's reasoning on his protection visa claims.

Jurisdiction
Australia
Judgment Date
18 April 2002
Procedural Posture
Application to Review a Refugee Review Tribunal Decision Under S 39 B of the Judiciary Act 1903 (cth) / Final Judgment on Competency and Merits
Outcome
Application dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'privative Clause Decision' 'time Limit for Judicial Review' 'extension of Time' 'well Founded Fear of Persecution' 'homosexuals in Iran' 'illegal Departure From Iran']
['immigration' 'administrative Law' 'judicial Review'] ['protection Visa' 'refugee Review Tribunal' 'privative Clause Decision' 'time Limit for Judicial Review' 'extension of Time' 'well Founded Fear of Persecution' 'homosexuals in Iran' 'illegal Departure From Iran']

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Procedural Posture

Application to Review a Refugee Review Tribunal Decision Under S 39 B of the Judiciary Act 1903 (cth) / Final Judgment on Competency and Merits

Legal Issues

  1. 1 ['Whether the application was incompetent because it was not made within 28 days of notification of the Refugee Review Tribunal decision.' 'Whether the Court had power to extend time for an application under s 39B of the Judiciary Act 1903 (Cth) in respect of a privative clause decision.' "Whether the Tribunal made reviewable error in rejecting the applicant's protection visa claims based on homosexuality in Iran and illegal departure from Iran."]

Ratio Decidendi

The applicant was notified of the Tribunal's decision on 4 July 2001 but did not file the Court application until 1 November 2001, outside the 28 day period. Because the Tribunal decision was a privative clause decision and s 477(2) of the Migration Act 1958 (Cth) deprived the Court of power to extend time for an application under s 39B of the Judiciary Act 1903 (Cth), the application was incompetent and had to be dismissed. In any event, the applicant did not show reviewable error in the Tribunal's reasoning on his protection visa claims.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.' 'The applicant pay to the respondent costs of the application.']