VQAN v Minister for Immigration & Multicultural & Ethnic Affairs [2003] FCA 1541

FEDERAL COURT OF AUSTRALIA

VQAN v Minister for Immigration & Multicultural & Ethnic Affairs [2003] FCA 1541 MIGRATION – relief under s 39B Judiciary Act 1903 (Cth) very long delay – whether substantive merits of application need to be considered Judiciary Act 1903 (Cth)s 39B Re Refugee Review Tribunal; ex parte Aala (2001) 204 CLR 82 at [53] applied VDAQ of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 545 discussed S157 v Commonwealth (2003) 195 ALR 24 cited Ngu v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 54 cited Re Ruddock; ex parte LX [2003] FCA 561 followed Re Commonwealth of Australia; ex parte Marks (2000) 177 ALR 491 discussed Gallo v Dawson (1990) 93 ALR 479 discussed Hughes v National Trustees Executors and Agency Co of Australasia Ltd [1978] VR 257 at 262 and 263-264 cited Byrnes v Grigg [1967] VR 871 at 872 cited Mitchelson v Mitchelson (1979)24 ALR 522 at [524] cited M162 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1146 at [39]-[40] cited Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 at [42] cited Minister for Aboriginal Affairs v Peko-Wallsend (1996) 162 CLR 24 at 39 cited VQAN v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ORS V491 OF 2003 HEEREY J 19 DECEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V491 OF 2003

BETWEEN: VQAN

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & OTHERS

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 19 DECEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application is dismissed.

2. The applicant pay the respondents' costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.