M211 of 2003 v Minster for Immigration and Multicultural and Indigenous Affairs [2004] FCA 660

FEDERAL COURT OF AUSTRALIA

M211 of 2003 v Minster for Immigration and Multicultural and Indigenous Affairs [2004] FCA 660

MIGRATION – Claim for protection visa refused by Refugee Review Tribunal – Application for writs of prohibition and certiorari under s 75(v) of the Constitution – Remittal from High Court –Application for writ of certiorari brought out of time – Reasons for delay – Whether any arguable jurisdictional error – New refugee sur place claim. PRACTICE AND PROCEDURE – Fresh evidence – Document and information received by appellant from his wife after Tribunal was functus officio – Whether fresh evidence relevant to any ground on which constitutional writs sought. Commonwealth Constitution, s 75(v) Federal Court of Australia Act 1976 (Cth), s 27 High Court Rules1952 (Cth) O 55 r 17(1) Judiciary Act 1903 (Cth) s 44(2A) Migration Act 1958 (Cth) Applicant A2 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 576 referred to Applicant A16 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 567 referred to Applicant M29 of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1266 referred to Applicant S422 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 89 referred to Applicant VUAD of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1331 referred to Avesta v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 121 referred to Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 followed Daniel v Minister for Immigration and Multicultural and Indigenous Affairs and Others [2004] FCA 21; (2004) 205 ALR 198 Gallo v Dawson (1990) 93ALR 479; (1990) 64 ALJR 458 followed Harirchi v Minister for Immigration and Multicultural Affairs [2001] FCA 474 referred to Hassen v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1036 referred to NASB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 24 followed Prahastono v Minister for Immigration and Multicultural Affairs (1997) 77 FCR 260 referred to Re Commonwealth of Australia and Anor; Ex parte Marks (2000) 177 ALR 491; (2000) 75 ALJR 470referred to R v West Sussex Quarter Sessions; Ex parte Albert and Maud Johnson Trust Ltd [1974] QB 24 referred to Seminigus v Minister for Immigration and Multicultural and Indigenous Affairs [2000] FCA 240 Singh v Minister for Immigration and Multicultural and Indigenous Affairs [2001] 190 FCE 18 Thayananthan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1054 referred to WAKH v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 159 referred to M211 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 1153 OF 2003 CRENNAN J 28 MAY 2004 MELBOURNE