Auva'a, in the matter of an application for a Writ of Prohibition and Certiorari and Declaratory and Injunctive Relief against Vanstone [2003] FCA 1506

FEDERAL COURT OF AUSTRALIA

Auva'a, in the matter of an application for a Writ of Prohibition and Certiorari and Declaratory and Injunctive Relief against Vanstone [2003] FCA 1506 MIGRATION – where application for writs of prohibition and certiorari – where application for declaratory and injunctive relief – where remitted from High Court – where subject to 'no further stay' condition – where applied to waive condition – whether condition should be waived – whether compelling and compassionate circumstances – whether major change to circumstances – whether circumstances beyond control of prosecutrix – whether prosecutrix given opportunity to comment upon material before delegate – whether denial of procedural fairness. EVIDENCE – where evidence goes to merits of the case. Migration Act 1958 (Cth) s 41(2)(a) Migration Regulations 1994 (Cth) r 2.05, 2.05(4), 2.05(4)(a), 2.05(4)(a)(2) Kioa v West (1985) 159 CLR 550 cited Thongpraphai v The Minister for Immigration and Multicultural Affairs (2000) FCA 1590 cited IN THE MATTER OF AN APPLICATION FOR A WRIT OF PROHIBITION AND CERTIORARI AND DECLARATORY AND INJUNCTIVE RELIEF AGAINST SENATOR THE HONOURABLE AMANDA VANSTONE, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND ADRIAN BOYD (The delegate of the First Respondent); EX PARTE MARIA MAKERITA AUVA'A Q 95 OF 2003 DOWSETT J 18 DECEMBER 2003 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 95 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

IN THE MATTER OF AN APPLICATION FOR A WRIT OF PROHIBITION AND CERTIORARI AND DECLARATORY AND INJUNCTIVE RELIEF

AGAINST: SENATOR THE HONOURABLE AMANDA VANSTONE, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

ADRIAN BOYD (The delegate of the First Respondent)