Isa v Minister for Immigration and Multicultural Affairs

Federal Court of Australia (Full Court)|2002-07-18|Before: North J, Hely JJ

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

THE COURT ORDERS THAT:

The appeal be dismissed.
The appellant pay the respondent's costs of and incidental to the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

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

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