M162 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1146

FEDERAL COURT OF AUSTRALIA

M162 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1146 MIGRATION – application under s 75(v) of the Constitution for writs of certiorari, mandamus and prohibition against the Minister for Immigration and Multicultural and Indigenous Affairs – application for writs of certiorari and mandamus out of time – where parties heard in relation to extension of time for applying for certiorari and mandamus but not yet heard in relation to the application for prohibition – whether Court should determine extension of time issue prior to hearing substantive application in relation to prohibition.

Migration Act 1958 (Cth) Constitution of the Commonwealth of Australia 1901 (Cth): s 75(v) High Court Rules: O 55 r 17, O 55 r 30, O 60 r 6

Gallo v Dawson (1990) 93 ALR 479, referred to Re Commonwealth of Australia; Ex parte Marks (2000) 177 ALR 491, applied Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323, applied Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24, referred to Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244, referred to Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1990) 169 CLR 379, referred to Re McBain;Ex parteAustralian Catholic Bishops Conference (2002)209CLR372,referredto Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82, considered Thayananthan v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1054, referred to APPLICANTS M162 of 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ORS V 305 of 2003 GOLDBERG J 21 OCTOBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 305 of 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA BETWEEN: M162 of 2002