Applicants A64 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1142

FEDERAL COURT OF AUSTRALIA

Applicants A64 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1142

IMMIGRATION – application for prerogative relief against orders of Refugee Review Tribunal instituted in High Court – application outside time prescribed by High Court Rules – 'further proceedings' remitted to Federal Court 'as if the steps already taken in the application in this Court had been taken in that Court' – no time prescribed by Federal Court rules for such prerogative relief – whether in circumstances application for extension of time still necessary PRACTICE AND PROCEDURE – application for extension of time to apply for prerogative relief refused – no order made dismissing the proceeding – whether refusal of extension of time finally determines the rights of the parties

Migration Act 1958 (Cth) Federal Court of Australia Act 1976 s 24(1)(A) Judiciary Act 1903 (Cth) ss 44(1), 44(2A)

Applicants A64/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 568 cited Jess v Scott (1986) 12 FCR 187 referred to Decor Corporation Pty Ltd v Dart Industries Inc. (1991) 33 FCR 397 considered Johnston v Cameron [2002] FCAFC 251 referred to Cubillo v Commonwealth (2001) 183 ALR 249 at 250; [2001] FCA 1213 referred to State Bank of New South Wales v The Commonwealth Savings Bank of Australia (1984) 154 CLR 579 referred to Bowtell v Commonwealth of Australia (1989) 86 ALR 31 referred to Pozniak v Smith (1982) 151 CLR 38 referred to Muin v Refugee Review Tribunal (2002) 190 ALR 601 cited APPLICANTS A64 OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS, MEMBER REFUGEE REVIEW TRIBUNAL & PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL S 569 OF 2003 MANSFIELD J 20 OCTOBER 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA