Tepperova v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1147

FEDERAL COURT OF AUSTRALIA

Tepperova v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1147

PRACTICE AND PROCEDURE – applicant filed original application seeking order of review and damages – grounds of relief in application flawed – leave granted to amend application – amended application sought claim in negligence and misfeasance in public office – no live decision to review – opportunity provided to further amend application and Statement of Claim – leave refused – leave granted to file fresh Amended application and Statement of Claim – respondents indicated deficiencies in Amended Statement of Claim – leave granted to amend Statement of Claim – notice of motion – whether claims made against first and third respondents disclose reasonable cause of action – s 31A Federal Court of Australia Act 1976 (Cth) – whether amended Statement of Claim internally contradictory and embarrassing – O 11 r 16 Federal Court Rules – application dismissed. Federal Court of Australia Act 1976 (Cth) s 31A(1)(b) Migration Act (Cth) s 501 Migration Litigation Reform Act 2005 (Cth), Sched 1 Judiciary Act 1903 (Cth) s 39B Federal Court Rules O 11 r 16, O 13 r 3(3), r 3A(1)(b), O 20 r 2(1) Vans, Inc v Offprice.Com.Au Pty Ltd [2006] FCA 137 referred to Racz v Home Office [1994] 2 AC 45 referred to Porter v OAMPS Ltd (2005) 215 ALR 327 cited Sanders v Snell (No 2) (2003) 130 FCR 149 applied L (a child) v Reading Borough Council [2001] 1 WLR 1575 referred to MARIA TEPPEROVA v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS, FEVRONIA PLOMARITIS AND JOHN WARD No SAD 220 of 2004

FINN J

29 AUGUST 2006

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 220 OF 2004

BETWEEN: MARIA TEPPEROVA

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS