M162 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCA 23

FEDERAL COURT OF AUSTRALIA

M162 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCA 23 MIGRATION – protection visa – application under s 75(v) of the Constitution for prerogative writs against the Minister for Immigration and Multicultural and Indigenous Affairs and the Refugee Review Tribunal – where application for mandamus and certiorari out of time – whether application had prospect of success – whether prohibition should be principal relief sought.

Migration Act 1958 (Cth) Constitution of the Commonwealth of Australia 1901 (Cth): s 75(v) High Court Rules: O 55 r 17, O 55 r 30, O 60 r 6

Applicants M162 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1146, considered Re Ruddock; Ex parte Reyes (2000) 177 ALR 484, considered Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82, followed Thayananthan v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1054, followed Applicant S70 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1338, followed APPLICANTS M162 of 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ORS (No 2) V 305 of 2003 GOLDBERG J 29 JANUARY 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 305 of 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: M162 of 2002

Applicants

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

First Respondent

MR GRAEME BREWER

AN OFFICER OF THE COMMONWEALTH IN HIS CAPACITY AS MEMBER OF THE REFUGEE REVIEW TRIBUNAL

Second Respondent

MR STEVE KARAS

AN OFFICER OF THE COMMONWEALTH IN HIS CAPACITY AS PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL