Thayananthan v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1054

FEDERAL COURT OF AUSTRALIA

Thayananthan v Minister for Immigration & Multicultural & Indigenous Affairs

[2003] FCA 1054

MIGRATION – application under s 75(v) of the Constitution for writs of prohibition, mandamus and certiorari against the Minister and the Refugee Review Tribunal – application for writs of mandamus and certiorari out of time – whether the proceeding should be dismissed for being out of time notwithstanding that prohibition is also sought – whether all possible operation of the decision of the Tribunal is at an end – consideration of the role of prohibition in a proceeding in which a decision of the Tribunal is sought to be impugned on the ground of jurisdictional error - whether res judicata, issue estoppel or Anshun estoppel apply to the proceeding

Constitution of the Commonwealth of Australia 1901 (Cth) s 75(v)

Somanader v Minister for Immigration and Multicultural Affairs (2000) 178 ALR 677 - applied

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

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

Re Ruddock; Ex parte LX [2003] FCA 561 – considered

Applicant A16 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 567 – considered

Applicant A2 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 576 – cited

Applicant A201 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 752 – cited

Applicant A202 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 732 – cited

Applicants A206 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 733 – cited

Applicants A216 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 753 – cited