Rogers v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 750

FEDERAL COURT OF AUSTRALIA

Rogers v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 750 SERA ROGERS v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS, MEMBER MIGRATION REVIEW TRIBUNAL & PRINCIPAL MEMBER OF THE MIGRATION REVIEW TRIBUNAL S 202 of 2003 MANSFIELD J 6 JUNE 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 202 OF 2003

BETWEEN: SERA ROGERS

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

MEMBER MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE MIGRATION REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 6 JUNE 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. Application by notice of motion for an extension of time is refused. 2. Application is dismissed. 3. Applicant to pay the first respondent's costs fixed at $1250, including disbursements. 4. No order for costs of the second and third respondents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 202 OF 2003

BETWEEN: SERA ROGERS

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

MEMBER MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE MIGRATION REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: MANSFIELD J

DATE: 6 JUNE 2003

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 This is an application by notice of motion for an extension of time within which to apply for relief in the nature of a writ of certiorari to quash a decision of the Migration Review Tribunal (the Tribunal) given on 22 September 1999, together with other relief. Under O 55 r 17 of the High Court Rules, the application to the High Court on 10 October 2002 is clearly very significantly out of time. 2 The circumstances in which the present application came to be remitted to this Court, the procedural and time limit considerations, and the relevant principles for the consideration of the present application are set out conveniently in the judgment of von Doussa J in Applicant A16 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 567. I gratefully adopt them. There has been no submission that I should not do so.