Opanayaka Mudiyanselage v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 823

FEDERAL COURT OF AUSTRALIA

Opanayaka Mudiyanselage v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 823 MIGRATION – application for writs of prohibition and certiorari – application for certiorari out of time – whether an extension of time should be granted pursuant to O 60 r 6 of the High Court Rules – whether delay was occasioned by special circumstances – reason for delay was applicant was awaiting the outcome of his request to the Minister to exercise his discretion under s 351 of the Migration Act 1958 (Cth).

Migration Act 1958 (Cth) High Court Rules: O 55 r 17(1), O 60 r 6

Re Commonwealth of Australia; Ex parte Marks (2000) 177 ALR 491, applied Applicant A2 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 576, applied Re Batuwantudawa [2003] FCA 684, applied MAHESH ROY SUSANTHA OPANAYAKA MUDIYANSELAGE v THE HONOURABLE PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 155 of 2003 GOLDBERG J 16 JULY 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 155 of 2003

BETWEEN: MAHESH ROY SUSANTHA OPANAYAKA MUDIYANSELAGE

Applicant

AND: THE HONOURABLE PHILIP RUDDOCK,

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 16 JULY 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application by the applicant for writs of prohibition and certiorari be dismissed. 2. The applicant pay the respondent's costs of and incidental to the application. 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 155 of 2003

BETWEEN: MAHESH ROY SUSANTHA OPANAYAKA MUDIYANSELAGE