Applicants S311 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 45

FEDERAL COURT OF AUSTRALIA

Applicants S311 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 45

MIGRATION – claim for protection visa refused by Refugee Review Tribunal – application for judicial review dismissed – application for extension of time to file and serve a notice of appeal dismissed – High Court application for order nisi remitted to Federal Court – application for order nisi dismissed – application for extension of time to file and serve a notice of appeal – leave to appeal required – whether futile to enlarge time – whether res judicata applicable – proposed cause of action previously determined.

Judiciary Act 1903 (Cth), s 39B Federal Court Rules, O 51 r 15 Refugees Convention, Art 1A(2)

Applicant A v Minister for Immigration & Ethnic Affairs (1997) 190 CLR 225, cited Minister for Immigration & Multicultural & Indigenous Affairs v Khawar (2002) 210 CLR 1, cited Dranichnikov v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 197 ALR 389, cited Coulton v Holcombe (1986) 162 CLR 1, cited Re Media, Entertainment and Arts Alliance; Ex parte Hoyts Corporation Pty Ltd (1994) 68 ALJR 179, applied NAHQ v Minister for Immigration & Multicultural Affairs [2003] FCAFC 297, applied Somanader v Minister for Immigration and Multicultural Affairs (2000) 178 ALR 677, applied Thayananthan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1054, applied Trawl Industries of Australia Pty Limited v Effem Foods Pty Limited (1992) 36 FCR 406, applied BC v Minister for Immigration and Multicultural Affairs [2002] FCAFC 221, referred APPLICANTS S311 of 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N1512 of 2003 MADGWICK J 3 FEBRUARY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA