Das v Minister for Immigration & Multicultural Affairs [2004] FCA 489

FEDERAL COURT OF AUSTRALIA

Das v Minister for Immigration & Multicultural Affairs [2004] FCA 489

MIGRATION‑ Application for protection visa refused – Refusal upheld by Refugee Review Tribunal – Application to High Court for orders nisi in respect of Tribunal's decision remitted to Federal Court – Application for enlargement of time in which to seek constitutional writs – Applicable principles ‑ Relevance of prospects of success if enlargement granted. Migration Act 1958 s 417 Re Ross; Ex parte The Australian Liquor, Hospitality and Miscellaneous Workers Union (2001) 108 FCR 399 applied Re Commonwealth of Australia; Ex parte Marks (2000) 177 ALR 491 applied Applicant A2 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 576 cited Applicant A16 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 567 cited Applicants A64/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 568 cited Applicant M29 of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1266 considered Applicant VUAD of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1331 considered Daniel v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 21 considered Applicant M216/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 931 considered Chan v Minister for Immigration and Multicultural and Indigenous Affairs (1989) 169 CLR 379 cited Saha v Minister for Immigration and Multicultural Affairs [2001] FCA 520 considered Raheem v Minister for Immigration and Multicultural Affairs [2001] FCA 940 cited Ratnayake v Minister for Immigration and Multicultural Affairs (unreported, Federal Court 14 September 1998) considered Minister for Immigration and Multicultural Affairs v Indatissa [2001] FCA 181 applied Minister for Immigration and Multicultural Affairs v Al‑Miahi [2001] FCA 744 applied WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184 cited NACM v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 64 cited SGDB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 59 cited SBBA v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 90 considered SDAQ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 120 considered Applicant S422 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 89 considered