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Commentary

Published online by Cambridge University Press:  24 January 2025

Kevin Lindgren
Kevin Lindgren*
Affiliation:
Federal Court of Australia and President of the Copyright Tribunal
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Abstract

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Type
Commentary
Information
Federal Law Review , Volume 29 , Issue 3 , September 2001 , pp. 391 - 402
Copyright
Copyright © 2001 The Australian National University

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References

1 John, Bastem, “Judicial Review: Recent Trends” (2001) 29 F L Rev 365Google Scholar.

2 Ibid.

3 [ed note: The Bill has now been enacted as Migration Legislation Amendment (Judicial Review) Act 2001, which was assented to on 27 September, 2001].

4 [ed note: this Bill has now been enacted as the Migration Legislation Amendment Act (no. 1) 2001 (Cth) which was assented to on 27 September 2001.]

5 Decisions made by the RRT excludes applications withdrawn by the applicant prior to a decision being made by the RRT.

6 The figures in the above table relate to the final status of the RRT decision. For example, if the Federal Court upholds the RRT decision, but the Full Court (or High Court) sets it aside, the decision will be recorded as 'set aside'. Where a decision is set aside by judgment or remitted by consent, the matter is sent back to the RRT for reconsideration. Where a decision is upheld by judgment, or an application is dismissed or withdrawn, the RRT decision is unchanged.

7 Separate figures for RRT decisions set aside by judgment and remitted by consent are not available for 1996/97.

8 Ibid.

9 'Application dismissed' refers to applications for review that are dismissed by a Judge prior to a hearing on the merits (this may occur, for example, where the proceeding is dismissed for non-appearance at a directions hearing). ' Application withdrawn' refers to applications withdrawn prior to hearing.

10 Ibid.

11 United Nations Convention Relating to the Status of Refugees 1951, opened for signatures 28 July 1951 (entered into force 22 April 1954)