Edwards v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 910

FEDERAL COURT OF AUSTRALIA

Edwards v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 910 MIGRATION – deportation – application for review of deportation decision – application for review brought 17 years after deportation order made and implemented – motion for dismissal of proceedings as an abuse of process – whether application foredoomed to fail – effect of withdrawal of prior request for review by Administrative Appeals Tribunal – effect of delay – whether application futile Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 5, 6, 8, 9, 9(3), 11, 11A, 12, 14A, 32, 65, 65(1), 477(1) 477(3), 501, Pt II Div 1, Pt II Div 1A Federal Court Rules O 20 r 2(1)(c)

Applicant M70 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 132 considered Commonwealth of Australia, Re; Ex parte Marks (2000) 177 ALR 491 referred to Cujba v Minister for Immigration & Multicultural Affairs (2001) 111 FCR 110 cited Dey v Victorian Railways Commissioners (1949) 78 CLR 62 cited Minister for Immigration & Multicultural Affairs v Sharma (1999) 90 FCR 513 cited Walton v Gardiner (1993) 177 CLR 378 cited SUSAN ELIZABETH EDWARDS v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W210 of 2003 RD NICHOLSON J 13 JULY 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W210 OF 2003

BETWEEN: SUSAN ELIZABETH EDWARDS

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 13 JULY 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The respondent's notice of motion be allowed. 2. The proceeding be dismissed. 3. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.