Applicant S70 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 182

FEDERAL COURT OF AUSTRALIA

Applicant S70 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 182 MIGRATION – Application for constitutional writs remitted by High Court – Procedural issues. Migration Act 1958 (Cth) Commonwealth Constitution Judiciary Act, 1903 (Cth)

High Court Rules Federal Court Rules Migration Regulations 1994 (Cth) Applicant S422 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 89 Thayananthan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1054 Re Ruddock; Ex parte Reyes (2000) 177 ALR 484 Public Service Association of SA v Federated Clerks' Union (1991) 173 CLR 132 Re Australian Nursing Federation; Ex parte State of Victoria (1993) 112 ALR 177 NAHQ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 297 Applicants S61 of 2002 v Refugee Review Tribunal [2004] FCAFC 150 Minister for Immigration and Multicultural Affairs v Respondents S152/2003 [2004] HCA 18 APPLICANT S70 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ORS N 192 OF 2004 EMMETT, CONTI & SELWAY JJ 9 JULY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 192 OF 2004

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: APPLICANT S70 of 2003

APPELLANTS

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

AND

RUTH CHEETHAM, MEMBER, REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

AND

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGES: EMMETT, CONTI & SELWAY JJ

DATE OF ORDER: 9 JULY 2004

WHERE MADE: SYDNEY