Applicant M29 of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1266

FEDERAL COURT OF AUSTRALIA

Applicant M29 of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1266 MIGRATION – claim for protection visa refused by Refugee Review Tribunal – application for review under Pt 8 of Migration Act 1958 (Cth) dismissed – subsequent application for constitutional writs under s 75(v) of the Constitution – application brought out of time – remittal from High Court – whether adequate explanation for delay – whether futile to enlarge time – proposed ground of review similar to that previously rejected – whether res judicata applicable – whether Anshun estoppel applicable

Migration Act 1958 (Cth) Judiciary Act 1903 (Cth) s 39B

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 referred to Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 applied Thayananthan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1054 followed APPLICANT M29 of 2001 & ANOR v MINISTER FOR IMMIGRAITON AND MULTICULTURAL AND INDIGENOUS AFFAIRS V914 of 2002 WEINBERG J 6 NOVEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V914 OF 2002

BETWEEN: APPLICANT M29 OF 2001 & ANOR

APPLICANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 6 NOVEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be 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 V914 OF 2002

BETWEEN: APPLICANT M29 OF 2001 & ANOR