Applicant S422 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 89

FEDERAL COURT OF AUSTRALIA

Applicant S422 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 89 MIGRATION – protection visa – no reviewable error MIGRATION – failure to attend Migration Review Tribunal hearing – letters sent to applicant in accordance with the requirements of the Migration Act 1958 - whether sufficient notice given PRACTICE AND PROCEDURE – remitter – application for review made to the High Court - out of time under High Court Rules - remitted to Federal Court – what constitutes the subject matter of a remitted application - remitted application for review treated as application for extension of time – whether High Court Rules or Federal Court Rules apply to remitted application – whether time limits in court rules are substantive or procedural – Federal Court's power to extend time limitations in High Court Rules – whether order nisi interlocutory or final Migration Act 1958 (Cth) ss 441A(4), 441C(4) Judiciary Act 1903 (Cth) ss 44, 86 Federal Court of Australia Act 1976 (Cth) ss 23, 38 High Court Rules1952O 55 rr 1, 2, 17, 30, O 60 r 6, O 64 Federal Court Rules O 51A rr 1, 2, 2A, 4, 5 Applicant M216 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 931 considered John Pfeiffer Pty Ltd v Rogerson (2000) 203 CLR 503 considered Re Ross; Ex parte The Australian Liquor, Hospitality and Miscellaneous Workers' Union (2001) 108 FCR 399 considered Applicants A64 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1142 considered Applicant S70 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 204 ALR 115 considered State Bank of New South Wales v The Commonwealth Savings Bank of Australia (1984) 154 CLR 579 cited Bowtell v Commonwealth of Australia (1989) 86 ALR 31 cited Pozniak v Smith (1982) 151 CLR 38 cited Applicant A26 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2003] FCA 1431 referred to S267 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1442 referred to M206 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 24 referred to Daniel v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 21 referred to Applicant A2 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 576 referred to Applicant M29 of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1266 referred to In re Pritchard (decd); Pritchard v Deacon [1963] Ch 502 discussed Perez v Transfield (Qld) Pty Ltd [1979] Qd R 444 referred to McKain v R W Miller & Co (SA) Pty Ltd (1991) 174 CLR 1 cited Re Media, Entertainment and Arts Alliance; Ex parte Hoyts Corporation Pty Ltd (1993) 67 ALJR 389 referred to NAHQ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 297 considered Paramasivam v Flynn (1998) 90 FCR 489 at 493 considered APPLICANT S422 OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 14 OF 2004 NORTH, DOWSETT and LANDER JJ 21 APRIL 2004 SYDNEY