Applicant S70 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1338

FEDERAL COURT OF AUSTRALIA

Applicant S70 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1338

MIGRATION – application under s 75(v) of the Constitution for writs of prohibition, mandamus and certiorari against the Minister and the RRT – application for writs of mandamus and certiorari out of time – whether an application for an extension of time should be entertained before determination of the application for a writ of prohibition – whether prohibition against the Minister is a relevant remedy where a decision of the RRT is invalid by reason of jurisdictional error JUDGES AND COURTS – single judge decision – judicial comity – decision of single judge of some or coordinating jurisdiction to be followed unless clearly wrong High Court Rules Order 55 r 17, Order 55 r 30, Order 60 r 4 Migration Act 1958 (Cth) s 14, 189, 198, 417

Applicant A64 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1142 followed Applicant M162 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1146 followed Hicks v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 757 followed Nezovic v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1263 followed Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 195 ALR 1 cited Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 cited Re Ruddock; Ex parte Reyes (2000) 177 ALR 48 referred to Thayananthan v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA1054 followed

APPLICANT S70 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ORS N 870 OF 2003 HELY J 21 NOVEMBER 2003 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 870 OF 2003