Lal, in the matter of an application for writs of prohibition and certiorari against the Honourable Philip Ruddock [2003] FCA 859

FEDERAL COURT OF AUSTRALIA

Lal, in the matter of an application for writs of prohibition and certiorari against the Honourable Philip Ruddock [2003] FCA 859 MIGRATION – application for writs of prohibition and certiorari – notice of motion to dismiss application as no reasonable basis for application disclosed – application for certiorari out of time – whether delay was occasioned by special circumstances – reason for delay was that one of the applicants was undertaking a course in Australia and the applicants were awaiting the outcome of their request to the Minister to exercise his discretion under s 351 of the Migration Act 1958 (Cth) – whether an extension of time should be granted pursuant to O 60 r 6 of the High Court Rules – whether any reasonable basis for application disclosed.

Migration Act 1958 (Cth) High Court Rules: Order 55 r 17(1), O 60 r 6 Federal Court Rules: O 20 r 2

Gallo v Dawson (1990) 93 ALR 479, referred to 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 RAJEND LAL & MOHINI LATA LAL v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ORS V 435 of 2003 GOLDBERG J 13 AUGUST 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 435 of 2003

BETWEEN: RAJEND LAL and MOHINI LATA LAL

Applicants

AND: HONOURABLE PHILIP RUDDOCK,

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

WENDY BODDISON

(sitting as the Migration Review Tribunal)

and

REGINA PERTON

(in her capacity as Senior Member of the Migration Review Tribunal)