M206 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 24

FEDERAL COURT OF AUSTRALIA

M206 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 24 MIGRATION – application for the issue of prohibition and certiorari against the Minister for Immigration and Multicultural and Indigenous Affairs and the Refugee Review Tribunal – application for certiorari out of time – enlargement of time in which to apply for certiorari under O 55 r 17 – whether applicant has prospects of success in obtaining an order nisi.

Migration Act 1958 (Cth): s 417 High Court Rules 1952 : O 55 r 17, O 60 r 6 Applicant M 216/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 931, followed Gallo v Dawson (1990) 93 ALR 479, followed Re Commonwealth of Australia; Ex parte Marks (2000) 177 ALR 491, followed M 206 of 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS V 350 of 2003 GOLDBERG J 29 JANUARY 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 350 of 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: APPLICANT M 206 of 2002

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

First Respondent

PETER H MOLONY

SITTING AS THE REFUGEE REVIEW TRIBUNAL

STEVE KARAS

IN HIS CAPACITY AS PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

Second Respondents

JUDGE: GOLDBERG J

DATE OF ORDER: 29 JANUARY 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of and incidental to the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 350 of 2003