Al-Miahi, in the matter of an application for Writs of Certiorari, Prohibition and Mandamus and an Injunction against Ruddock [2001] FCA 128

FEDERAL COURT OF AUSTRALIA

Al-Miahi, in the matter of an application for Writs of Certiorari, Prohibition and Mandamus and an Injunction against Ruddock [2001] FCA 128 MIGRATION – Migration Act 1958 (Cth) – remittal by High Court of Australia of application for prerogative writs – challenge to decision of the Refugee Review Tribunal – whether there was no evidence or other material to justify the making of the decision – powers of the Court on remittal from the High Court – whether the Court may issue prerogative writ PRACTICE AND PROCEEDURE – application of O 51A r 5 of the Federal Court Rules where Court exercising jurisdiction under Part 8 of the Migration Act 1958 (Cth) in matter remitted from the High Court under s 44 of the Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) ss 476(1)(g), 476(4)(b), 481, 485 Judiciary Act 1903 (Cth) ss 39B, 44 Constitution s 75(v) Federal Court Rules O 51A r 5

Curragh Queensland Mining Limited v Daniel (1992) 34 FCR 212, followed Vichlenkova v Minister for Immigration & Multicultural Affairs [1999] FCA 1338, considered Fernando v Minister for Immigration & Multicultural Affairs [1999] FCA 962, not followed Minister for Immigration & Multicultural Affairs v Rajamanikkam [2000] FCA 1023, considered Indatissa v Minister for Immigration & Multicultural Affairs [2000] FCA 1119, considered Re Ruddock & Ors; Ex parte Reyes [2000] HCA 66, considered Thambythurai v Minister for Immigration and Multicultural Affairs (unreported, Federal Court, Finkelstein J, 16 September 1997), considered Cam v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 14, considered Australian Securities and Investment Commission v Edensor Nominees Pty Ltd [2001] HCA 1, considered Abebe v Commonwealth (1999) 197 CLR 510, cited Re Minister for Immigration and Multicultural Affairs Ex parte Durairajasingham (2000) 168 ALR 407, cited