Applicant VUAD of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1331

FEDERAL COURT OF AUSTRALIA

Applicant VUAD of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1331 MIGRATION – claim for protection visa refused by Refugee Review Tribunal – application for constitutional writs of mandamus, prohibition and certiorari under s 75(v) of the Constitution – remittal from High Court – application for writs of certiorari and mandamus brought out of time – reasons for delay – applicant awaiting outcome of request to Minister for exercise of his discretion under s 417 of the Migration Act 1958 (Cth) – whether compliance with s 430(1) - whether jurisdictional error in failure to consider applicant's claims – relocation – whether possibility of a different result Migration Act 1958 (Cth) Judiciary Act 1903 (Cth) s 44(2A) High Court Rules O 55 rr 17 and 30, O 60 r 6 Thayananthan v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1054 discussed Re Commonwealth of Australia; ex parte Marks (2000) 177 ALR 491 applied Applicant M216/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 931 referred to Opanayaka Mudiyanselage v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 823 referred to Applicant A2 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 576 cited Re Batuwantudawa [2003] FCA 684 referred to Re Ruddock; ex parte LX [2003] FCA 561 cited Applicant M29 of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1266 referred to Re Ruddock; ex parte Reyes (2000) 75 ALJR 465 discussed Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 referred to NANI v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1082 referred to

APPLICANT VUAD OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ANOR