Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Re Ruddock; Ex Parte LX [2003] FCA 561 MIGRATION – protection visa – rejection of application affirmed by Refugee Review Tribunal – High Court application for order nisi for certiorari, mandamus, prohibition and an injunction – remitted to Federal Court – application for extension of time – whether jurisdictional error in failure to give separate consideration to each applicant's claim – whether actual bias – whether res judicata, issue estoppel or Anshun estoppel in respect of actual bias or jurisdictional error claims in earlier Federal Court proceedings – no extension of time Judiciary Act 1903 (Cth) s 44(2A) Migration Act 1958 (Cth) s 36 High Court Rules O 55 rr 17, 30, O 60 r 6
BC v Minister for Immigration and Multicultural Affairs [2002] FCAFC 22 – applied Gallo v Dawson (1990) 64 ALJR 458 – applied Hughes v National Trustees Executives and Agency Co of Australasia Ltd [1978] VR – applied Minister for Immigration and Multicultural Affairs v Indatissa [2001] FCA 181 – cited Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 – applied Port of Melbourne Authority v Anshun Pty Ltd (No 2) [1981] VR 81 – applied Somanader v Minister for Immigration and Multicultural Affairs (2000) 178 ALR 677 – followed Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 – applied Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 – cited RE RUDDOCK; EX PARTE LX V169 OF 2003 RE RUDDOCK; EX PARTE MX V170 OF 2003 HEEREY J 18 JULY 2003 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V169 AND V170 OF 2003
IN THE MATTER Of AN APPLICATION FOR WRITS OF MANDAMUS, CERTIORARI AND PROHIBITION AND FOR AN INJUNCTION AGAINST
JUDGE: THE HONOURABLE PHILIP RUDDOCK, HER MAJESTY'S MINISTER OF STATE FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA
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