P33 of 2003 v Refugee Review Tribunal [2004] FCA 474

P33 of 2003 v Refugee Review Tribunal [2004] FCA 474

No extension of time is necessary for applicants to obtain relief in the Federal Court by reason of the time limits in Order 55 of the High Court Rules following remitter from the High Court, as the remitter order supersedes such limits; alternatively, if leave or extension were necessary, it was granted by operation of prior orders or would be granted as a matter of discretion. Further, leave is granted for respondents to withdraw deemed admissions, as such admissions resulted from inadvertence and holding respondents to them would be unjust.

Parties
Applicant: Applicant P33/2003; Applicant: Applicant P34/2003; Applicant: Applicant P36/2003; Applicant: Applicant P38/2003; Applicant: Applicant P40/2003; First Respondent: Refugee Review Tribunal; Second Respondent: Secretary of the Department of Immigration and Multicultural and Indigenous Affairs; Third Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
21 April 2004
Procedural Posture
Judicial Review / Administrative Law / Post Remittal Interlocutory; Orders on Extension of Time and Deemed Admissions
Outcome
Applications allowed in respect of time extension and withdrawal of deemed admissions as set out in orders.
Legal Topics
Extension of Time, Notices to Admit, Procedural Fairness, Remitter of Proceedings, Judicial Review, Deemed Admissions
Administrative Law Immigration Law Civil Procedure Extension of Time Notices to Admit Procedural Fairness Remitter of Proceedings Judicial Review +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Applicant P33/2003

Applicant

Applicant P34/2003

Applicant

Applicant P36/2003

Applicant

Applicant P38/2003

Applicant

Applicant P40/2003

Applicant

Refugee Review Tribunal

First Respondent

Secretary of the Department of Immigration and Multicultural and Indigenous Affairs

Second Respondent

Commonwealth of Australia

Third Respondent

Procedural Posture

Judicial Review / Administrative Law / Post Remittal Interlocutory; Orders on Extension of Time and Deemed Admissions

Legal Issues

  1. 1 Whether the High Court Rules time limits apply to remitted proceedings in the Federal Court
  2. 2 Whether an extension of time is necessary for the grant of relief sought by the applicants
  3. 3 Whether leave to withdraw deemed admissions should be granted to the respondents

Ratio Decidendi

No extension of time is necessary for applicants to obtain relief in the Federal Court by reason of the time limits in Order 55 of the High Court Rules following remitter from the High Court, as the remitter order supersedes such limits; alternatively, if leave or extension were necessary, it was granted by operation of prior orders or would be granted as a matter of discretion. Further, leave is granted for respondents to withdraw deemed admissions, as such admissions resulted from inadvertence and holding respondents to them would be unjust.

Court Disposition

Applications allowed in respect of time extension and withdrawal of deemed admissions as set out in orders.

Orders

  • No extension of time is necessary by reason of Order 55 of the High Court Rules to enable the grant of the relief sought by the applicant.
  • Respondents have leave to withdraw any admissions deemed made of the facts set out in Notices to Admit Facts filed 29 October 2003 (for cases where such Notice was served).