Applicant M115/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1448

FEDERAL COURT OF AUSTRALIA

Applicant M115/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1448

MIGRATION – whether applicationdiscloses reasonable basis – whetherextension of time should be granted – procedural fairness - whether practical injustice shown Migration Act 1958 (Cth) s483

Jurisdiction of the Federal Magistrates Legislation Amendment Act 2001 (Cth) Muin v Refugee Review Tribunal [2002] HCA 30, (2002) 190 ALR 601, cited

Re Batuwantudawa [2003] FCA 684, followed

Re Minister for Immigration and Multicultural Affairs: Ex parte Lam [2003] HCA 6 (2003) 195 ALR 502, applied

Applicant A17/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1080, referred to

APPLICANT M115 OF 2003 v THE HONOURABLE PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA AND A H SMITH SITTING AS THE REFUGEE REVIEW TRIBUNAL AND MR ADOLFO GENTILE IN HIS CAPACITY AS SENIOR MEMBER OF THE REFUGEE REVIEW TRIBUNAL V710 OF 2003 MARSHALL J 8 DECEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 710 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: APPLICANT M115 OF 2003

APPLICANT

AND: THE HONOURABLE PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA

FIRST RESPONDENT

A H SMITH SITTING AS THE REFUGEE REVIEW TRIBUNAL AND MR ADOLFO GENTILE IN HIS CAPACITY AS SENIOR MEMBER OF THE REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENTS

JUDGE: MARSHALL J

DATE OF ORDER: 8 DECEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed as disclosing no reasonable cause of action.