M111 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 97

FEDERAL COURT OF AUSTRALIA

M111 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 97

MIGRATION- Claim for protection visa refused by Refugee Review Tribunal – Application for an Order Nisi for Writs of Certiorari and Prohibition – Remitted from High Court – Writ of Certiorari out of time - Primary judge refused an Order Nisi - Whether primary judge erred in rejecting claims – Whether Tribunal denied procedural fairness and misconceived its task – Practice and procedure – Leave to appeal from interlocutory judgment. Federal Court Act 1976 (Cth) s 24(1A) High Court Rules O55 r17(2), O60 r6 Migration Act 1958 (Cth) Avesta v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 121 referred to Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 followed Mayne Nickless Ltd v Multigroup Distribution Services Pty Ltd & Ors (2001) 114 FCR referred to Muin v Refugee Review Tribunal (2002) 76 ALJR 966 noted Re Minister for Immigration and Multicultural Affairs; Ex Parte Cassin [2000] HCA 50 followed Minister for Immigration and Multicultural Affairs v Respondents S152/2003 [2004] HCA 18 referred to Thayananthan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1054 referred to M111 OF 2003 V MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ORS V 26 OF 2004 BEAUMONT, WEINBERG and CRENNAN JJ 5 MAY 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V26 OF 2004

On appeal from a judge of the Federal Court

BETWEEN: M111 of 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

B F KISSANE IN HIS CAPACITY AS

A MEMBER OF THE REFUGEE REVIEW TRIBUNAL AND