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[2002] FCAFC 216
Federal Court of Australia (Full Court)
2002-07-18
North J, Hely JJ
Original judgment source is linked above.
Isa v Minister for Immigration and Multicultural Affairs [2002] FCAFC 216 IMMIGRATION - application for review of decision of Refugee Review Tribunal - application out of time under s 478(1)(b) Migration Act 1958 (Cth) - where failure to apply in time not fault of applicant - inability of Federal Court to extend time for lodgment of application irrespective of circumstances. DISCRIMINATION LAW - whether time limit in s 478(1)(b) Migration Act 1958 (Cth) racially discriminatory - whether time limit discriminated against persons for whom English was not a first or literate language and who were held in immigration detention - whether s 10(1) Racial Discrimination Act 1975 (Cth) applied so as to extend time for application for review - inability to comply not based on race, colour or national or ethnic origin but on individual personal circumstances of applicant. Sahak v Minister for Immigration & Multicultural Affairs [2002] FCAFC 215 adopted HASAN KHALIL ISA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 143 of 2001 NORTH, GOLDBERG & HELY JJ 18 JULY 2002 MELBOURNE
VICTORIA DISTRICT REGISTRY No S 143 of 2001
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
THE COURT ORDERS THAT:
VICTORIA DISTRICT REGISTRY No S 143 of 2001
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
NORTH J 1 The circumstances and issues giving rise to this appeal are set out in Sahak v Minister for Immigration and Multicultural Affairs [2002] FCAFC 215. 2 For the reasons I have given in that matter the appeal in this matter should be dismissed. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North.
VICTORIA DISTRICT REGISTRY No S 143 of 2001
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
GOLDBERG & HELY JJ 3 The circumstances and issues giving rise to this appeal are set out in Sahak v Minister for Immigration and Multicultural Affairs [2002] FCAFC 215. 4 For the reasons we have given in that matter the appeal in this matter should be dismissed. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Goldberg and Hely.
Dated: 16 July 2002 Counsel for the Appellant: Ms D S Mortimer - appeared pro bono
Solicitor for the Respondent: Sparke Helmore
Date of Hearing: 25 February 2002
Date of filing written submissions: 4, 11 and 12 March 2002
Isa
Minister for Immigration and Multicultural Affairs