Fernando v Ruddock [2000] FCA 1151

FEDERAL COURT OF AUSTRALIA

Fernando v Ruddock [2000] FCA 1151 PRACTICE AND PROCEDURE – representative proceedings – application for extension of time to file and serve notice of appeal – whether group members bound by dismissal of previous applications – whether any reasonable prospects of success of appeal. Federal Court of Australia Act 1976 (Cth), ss 4, 33A, 33C, 33ZB, 33ZC. Migration Act 1958 (Cth). International Covenant on Civil and Political Rights. Federal Court Rules O 20, r 2; O 52, r 15. Migration Regulations (Amendment) 1997 (SR 184 of 1997). Migration Regulations (Amendment) 1997 (SR 279 of 1997). De Silva v Minister for Immigration & Multicultural Affairs (1998) 89 FCR 502, cited. Macabenta v Minister for Immigration & Multicultural Affairs (1998) 90 FCR 202, cited. Wasantha v Ruddock [1999] FCA 1158, cited. Minister for Immigration & Ethnic Affairs v Teoh (1995) 183 CLR 273, cited. Minogue v Human Rights & Equal Opportunity Commission (1999) 84 FCR 438, cited. Minogue v Williams [2000] FCA 125, cited. Bread Manufacturers of New South Wales v Evans (1981) 180 CLR 404, cited. Wati v Minister for Immigration & Multicultural Affairs (1997) 78 FCR 543, cited. Chamberlain v Deputy Commissioner of Taxation (1988) 164 CLR 502, cited. Carnie v Esanda Finance Corporation Ltd (1995) 182 CLR 398, cited. Zhang v Minister for Immigration, Local Government & Ethnic Affairs (1993) 45 FCR 384, cited. Aronson and Dyer, Judicial Review of Administrative Action, 2nd ed., 2000. NAOMAL FERNANDO on behalf of 14 members of the Group, Gamini Wasantha [on behalf of all members of the Sri Lankan Humanitarian Entrants (Sub Class 435) Association] v PHILLIP RUDDOCK in his capacity as Minister for Immigration & Multicultural Affairs A 24 of 2000 SACKVILLE, KATZ & KENNY JJ 17 AUGUST 2000 CANBERRA