M206 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 24

M206 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 24

The applicant has no prospects of success on the substantive claim of error by the Tribunal regarding Convention-based persecution; consequently, the application for extension of time is refused and the substantive application is dismissed.

Parties
Applicant: Applicant M 206 of 2002; First Respondent: Minister for Immigration & Multicultural & Indigenous Affairs; Second Respondent: Peter H Molony (sitting as the Refugee Review Tribunal); Second Respondent: Steve Karas (in his capacity as Principal Member of the Refugee Review Tribunal)
Jurisdiction
Australia
Judgment Date
29 January 2004
Procedural Posture
Migration – Judicial Review / Application for Prohibition/certiorari, With Application to Enlarge Time for Certiorari
Outcome
Application dismissed with costs
Legal Topics
Extension of Time for Certiorari, Refugee Status Determination, Persecution – Convention Reasons
Migration Law Judicial Review Extension of Time for Certiorari Refugee Status Determination Persecution – Convention Reasons

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Parties

Applicant M 206 of 2002

Applicant

Minister for Immigration & Multicultural & Indigenous Affairs

First Respondent

Peter H Molony (sitting as the Refugee Review Tribunal)

Second Respondent

Steve Karas (in his capacity as Principal Member of the Refugee Review Tribunal)

Second Respondent

Procedural Posture

Migration – Judicial Review / Application for Prohibition/certiorari, With Application to Enlarge Time for Certiorari

Legal Issues

  1. 1 Whether time should be enlarged to apply for certiorari out of time under High Court Rules
  2. 2 Whether applicant has prospects of success regarding claimed error of law or jurisdiction by the Refugee Review Tribunal
  3. 3 Whether applicant's claims regarding persecution for Convention reason were adequately considered

Ratio Decidendi

The applicant has no prospects of success on the substantive claim of error by the Tribunal regarding Convention-based persecution; consequently, the application for extension of time is refused and the substantive application is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • The application be dismissed.
  • The applicant pay the respondent's costs of and incidental to the application.