VWBS v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 464

FEDERAL COURT OF AUSTRALIA

VWBS v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 464 MIGRATION – application for protection visa – lengthy delay in seeking judicial review not satisfactorily explained – application subject to Anshun estoppel and res judicata – no merit in grounds in support of application

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 417(1), 417(7), 425

Muin v Refugee Review Tribunal (2002) 190 ALR 601 referred to Re Commonwealth of Australia; Ex parte Marks (2000) 177 ALR 491 at [15]-[16] cited Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502 referred to

VWBS and VWBT v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V1171 of 2003 WEINBERG J 20 APRIL 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V1171 OF 2003

BETWEEN: VWBS

FIRST APPLICANT

VWBT

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 20 APRIL 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants pay the respondent's costs of and incidental to the hearings on 18 February and 20 April 2004. 3. There be no order as to costs with regard to the hearing on 15 March 2004. 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 V1171 OF 2003

BETWEEN: VWBS

FIRST APPLICANT

VWBT

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS