Applicant A376/2002 v Minister for Immigration and Multicultural And Indigenous Affairs [2003] FCA 1498

FEDERAL COURT OF AUSTRALIA

Applicant A376/2002 v Minister for Immigration and Multicultural And Indigenous Affairs [2003] FCA 1498

MIGRATION – applicants' review application to Tribunal dismissed on grounds of inconsistency with country information and in any event absence of credibility or corroboration – earlier application for enlargement of time for review of Tribunal decision by Federal Court not pursued – prerogative relief sought thereafter belatedly from High Court – application remitted to Federal Court – no satisfactory explanation for delayed applications – no error in any event in original Tribunal decision – proceedings dismissed.

High Court Rules Order 55 Rule 30

Re Commonwealth of Australia (Department of Defence); Ex parte Marks (2000) 177 ALR 491 Re Minister for Immigration and Multicultural Affairs & Ors; Ex parte Cassim (2000) 175 ALR 209 Re Minister for Immigration and Multicultural Affairs; Ex parte 'A' 185 ALR 489 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S154/2002 HCA 60 Abebe v Commonwealth (1999) 197 CLR 510 APPLICANT A376/2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 329 OF 2003 CONTI J 16 DECEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY S 329 OF 2003

BETWEEN: APPLICANT A 376/2002

APPLICANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

FEDOR MEDIANSKY, MEMBER, REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 16 DECEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicants pay the respondents' costs of the application.