Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
S394 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1421
MIGRATION – Refugee Review Tribunal refused applicants protection visas – application to Federal Court for judicial review dismissed – Full Court of Federal Court dismissed appeal – application to High Court for constitutional writs – High Court remitted proceedings to Federal Court – proceedings discontinued – application to High Court for constitutional writs – High Court remitted proceedings to Federal Court – whether res judicata, issue estoppel or Anshun estoppel applies
Migration Act 1958 (Cth)
Wong v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 242 referred to S394 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 2590 of 2003 MOORE J 3 NOVEMBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2590 OF 2003
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
BETWEEN: S394 of 2003
APPLICANTS
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 3 NOVEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for an order nisi be dismissed. 2. The applicants pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2590 OF 2003
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
BETWEEN: S394 of 2003
APPLICANTS
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 3 NOVEMBER 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicants seek judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 29 November 2001 affirming a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") of 11 December 1999 to refuse to grant the applicants protection visas. The applicants filed an application for constitutional writs in the High Court on 8 July 2003 (taking the form of an application for an order nisi). Those proceedings were remitted to this Court by Heydon J on 20 August 2003. This judgment concerns a notice of motion filed by the Minister on 25 August 2004 seeking an order that these proceedings be dismissed. The Minister filed an amended notice of objection to competency on 22 September 2004.
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