Applicants S61 of 2002 v Refugee Review Tribunal [2004] FCAFC 150

FEDERAL COURT OF AUSTRALIA

Applicants S61 of 2002 v Refugee Review Tribunal [2004] FCAFC 150 MIGRATION – appeal from a judge of the Court – no error disclosed PRACTICE & PROCEDURE – O 51A r 5 of the Federal Court Rules – order that application be dismissed – whether judgment interlocutory or final – nature of application before the Court – whether subject of remittal by the High Court a matter or part of a matter – whether application for constitutional writs or application for order nisi intended to be dismissed PRACTICE & PROCEDURE – construction of judgment where judgment ambiguous– resort to reasons to resolve ambiguity Judiciary Act 1903 (Cth) s 44

Federal Court Rules O 51A r 5 High Court Rules O 55 r 1 and r 2 Applicant M216/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 931 referred to Applicant S422 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 89 considered Applicants S61 of 2002 v Refugee Review Tribunal [2003] FCA 1274 referred to Cam Mui Chi v Minister for Immigration & Multicultural Affairs (1998) 84 FCR 14 referred to Dinnison v Commonwealth of Australia (1997) 74 FCR 184 referred to Muin v Refugee Review Tribunal and Lie v Refugee Review Tribunal (2002) 190 ALR 601 referred to NAHQ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 297 considered Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 referred to Prashar v Minister for Immigration & Multicultural Affairs (2001) 115 FCR 197 referred to Prashar v Minister for Immigration & Multicultural Affairs [2001] FCA 57 Prashar v Minister for Immigration & Multicultural Affairs [2001] FCA 1119 (FC) referred to Re Australian Nursing Federation; Ex parte Victoria (1993) 112 ALR 177 cited Re Griffin; Ex parte Professional Radio and Electronics Institute of Australia (1988) 167 CLR 37 referred to Repatriation Commission v Nation (1995) 57 FCR 25 applied