Applicant S355 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 27

Applicant S355 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 27

The applicant is granted leave to file the proposed amended application raising all grounds, notwithstanding previous non-compliance, as the issues are broader than previously contemplated and cannot properly be limited to those dependent solely on the recent High Court decision. Consequently, access to documents relevant to all grounds must be provided to the applicant's solicitors.

Jurisdiction
Australia
Judgment Date
23 January 2004
Procedural Posture
Judicial Review / Interlocutory Directions
Outcome
Interlocutory orders made; leave granted to amend application; directions and disclosure ordered; hearing date vacated
Legal Topics
['protection Visa' 'jurisdictional Error' 'procedure Under Migration Act' 'refugee Claims by Homosexuals']
['administrative Law' 'migration Law'] ['protection Visa' 'jurisdictional Error' 'procedure Under Migration Act' 'refugee Claims by Homosexuals']

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Procedural Posture

Judicial Review / Interlocutory Directions

Legal Issues

  1. 1 ['Whether leave should be granted to file an amended application raising additional grounds of jurisdictional error' "Whether the Minister should be compelled to provide access to documents ('Green Book')" 'Nature of grounds available for review in light of recent High Court authority']

Ratio Decidendi

The applicant is granted leave to file the proposed amended application raising all grounds, notwithstanding previous non-compliance, as the issues are broader than previously contemplated and cannot properly be limited to those dependent solely on the recent High Court decision. Consequently, access to documents relevant to all grounds must be provided to the applicant's solicitors.

Court Disposition

Interlocutory orders made; leave granted to amend application; directions and disclosure ordered; hearing date vacated

Orders

  • ['The hearing on 5 February 2004 is vacated.' "The first respondent must give access to the applicant's solicitors to relevant documents no later than 29 January 2004." 'The applicant must file and serve, no later than 4 February 2004, any further affidavits and statement of documentary evidence to be relied upon.'...