Applicant M221/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 45

FEDERAL COURT OF AUSTRALIA

Applicant M221/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 45 MIGRATION – application for protection visa refused by Refugee Review Tribunal – applicant then sought review under Migration Act 1958 (Cth) – application dismissed but no appeal lodged – two years after Refugee Review Tribunal's decision applicant sought constitutional writs in High Court – application withdrawn – identical application for constitutional writs filed again in High Court – matter remitted to Federal Court – whether applicant required to obtain order enlarging time – principles of res judicata, issue estoppel and Anshun estoppel – no jurisdictional error shown Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 referred to Re Commonwealth of Australia; Ex parte Marks (2000) 177 ALR 491 referred to Re Ruddock; Ex parte Reyes (2000) 177 ALR 484 referred to Thayananthan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1054 referred to APPLICANT M/221/2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS VID 525 OF 2004 WEINBERG J 3 FEBRUARY 2006 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 525 OF 2006

BETWEEN: APPLICANT M221/2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

Refugee Review Tribunal

SECOND Respondent

JUDGE: WEINBERG J

DATE OF ORDER: 3 FEBRUARY 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the first 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