Applicant M216/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 931

FEDERAL COURT OF AUSTRALIA

Applicant M216/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 931

MIGRATION – protection visa – decision to refuse affirmed byRefugee Review Tribunal – High Court application for constitutional writs, declaratory and injunctive relief remitted to Federal Court – no explicit reference to time limits in High Court Rules made in Order for remitter – whether any time limits applicable – whether time should be enlarged High Court Rules O 55 r 17, O 55 r 30, O 60 r 6 Federal Court Rules Order 51A, O54A, 054B John Pfeiffer Pty Ltd v Rogerson (2000) 172 ALR 625 followed Re Ross; ex parte The Australian Liquor Hospitality and Miscellaneous Workers Union (2001) 108 FCR 399 followed Re Commonwealth of Australia; ex parte Marks (2000) 177 ALR 491 followed Hughes v National Trustees Executors & Agency Co of Australia Ltd [1978] VR 257 followed APPLICANT M216/2002 V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND ORS V312 of 2003 HEEREY J 5 SEPTEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V312 OF 2003

ON APPEAL FROM THE REFUGEE REVIEW TRIBUNAL

BETWEEN: APPLICANT M216/2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 5 SEPTEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

The application is dismissed with costs.

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 V312 OF 2003

ON APPEAL FROM THE REFUGEE REVIEW TRIBUNAL

BETWEEN: APPLICANT M216/2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS