Batuwantudawa, in the matter of an application for Writs of Certiorari & Prohibition against Ruddock [2003] FCA 684

FEDERAL COURT OF AUSTRALIA

Batuwantudawa, in the matter of an application for Writs of Certiorari & Prohibition against Ruddock [2003] FCA 684 IN THE MATTER OF AN APPLICATION FOR WRITS OF CERTIORARI AND PROHIBITION AGAINST THE HONOURABLE PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA AND MR DAVID THOMAS, SITTING AS THE MIGRATION REVIEW TRIBUNAL AND MS REGINA PERTON, IN HER CAPACITY AS SENIOR MEMBER OF THE MIGRATION REVIEW TRIBUNAL; EX PARTE SUMUDU CHETHANA BATUWANTUDAWA V 199 of 2003 GRAY J 2 JUNE 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 199 of 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

In the matter of an application for Writs of Certiorari and Prohibition against:

AND: THE HONOURABLE PHILIP M RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA

EX PARTE: FIRST RESPONDENT

MR DAVID THOMAS, SITTING AS THE MIGRATION REVIEW TRIBUNAL & MS REGINA PERTON, IN HER CAPACITY AS SENIOR MEMBER OF THE MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

SUMUDU CHETHANA BATUWANTUDAWA

APPLICANT/PROSECUTOR

JUDGE: GRAY J

DATE OF ORDER: 2 JUNE 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application for enlargement of the time limited by O 55 r 17 of the High Court Rules to apply for a writ of certiorari be refused. 2. The application be dismissed. 3. The applicant pay the respondents' costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 199 of 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA