P33 of 2003 v Refugee Review Tribunal [2004] FCA 474

FEDERAL COURT OF AUSTRALIA

P33 of 2003 v Refugee Review Tribunal [2004] FCA 474 PRACTICE AND PROCEDURE – remitter of application for constitutional writs in High Court – application in High Court outside time limited by High Court Rules – whether time limit provided by High Court Rules applies in remitted proceedings – whether extension of time necessary – whether extension should be granted as matter of discretion – notice to admit facts – failure to file response within time limited by Rules – deemed admission – whether leave to withdraw admission should be made – whether deemed admission by Tribunal filing submitting appearance should be withdrawn High Court Rules Order 55, Order 60 r 6 Federal Court Rules Judiciary Act 1903 (Cth) s 44 Migration Act 1958 (Cth) s 417 APPLICANTS P33 OF 2003, P34 OF 2003, P36 OF 2003, P38 OF 2003 AND P40 OF 2003 v REFUGEE REVIEW TRIBUNAL, SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and COMMONWEALTH OF AUSTRALIA W158 OF 2003, W159 OF 2003, W160 OF 2003, W161 OF 2003, W162 OF 2003 FRENCH J 21 APRIL 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W158 of 2003

On Remittal from the High Court of Australia

BETWEEN: Applicant P33/2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

COMMONWEALTH OF AUSTRALIA

THIRD RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 21 APRIL 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: A. No extension of time is necessary by reason of Order 55 of the High Court Rules to enable the grant of the relief sought by the applicant. B. On the second and third respondents' motion filed 30 January 2004: 1. The respondents have leave to withdraw the admissions they are deemed to have made of the facts set out in the applicant's Notice to Admit Facts filed 29 October 2003. 2. There is no order as to the costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.