Applicant S70 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1338

Applicant S70 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1338

The motion for an extension of time for writs of certiorari and mandamus should stand over to the hearing of the substantive application (including prohibition); costs reserved.

Parties
Applicant: Applicant S70 of 2003; First Respondent: Minister for Immigration & Multicultural & Indigenous Affairs; Second Respondent: Ruth Cheetham; Third Respondent: The Principal Member of the Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
21 November 2003
Procedural Posture
Migration–judicial Review / Interlocutory; Hearing of Motion for Extension of Time Adjourned to Substantive Hearing
Outcome
Interlocutory; no final determination; motion for extension of time adjourned to substantive hearing; costs reserved
Legal Topics
Extension of Time, Writs (prohibition, Mandamus, Certiorari), Jurisdictional Error, Judicial Comity
Migration Law Judicial Review Extension of Time Writs (prohibition, Mandamus, Certiorari) Jurisdictional Error Judicial Comity

Case Brief

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Parties

Applicant S70 of 2003

Applicant

Minister for Immigration & Multicultural & Indigenous Affairs

First Respondent

Ruth Cheetham

Second Respondent

The Principal Member of the Refugee Review Tribunal

Third Respondent

Procedural Posture

Migration–judicial Review / Interlocutory; Hearing of Motion for Extension of Time Adjourned to Substantive Hearing

Legal Issues

  1. 1 Whether application for writs of mandamus and certiorari should be entertained out of time
  2. 2 Whether an application for an extension of time should be determined before or with the application for prohibition
  3. 3 Whether prohibition is a relevant remedy where a decision is allegedly affected by jurisdictional error

Ratio Decidendi

The motion for an extension of time for writs of certiorari and mandamus should stand over to the hearing of the substantive application (including prohibition); costs reserved.

Court Disposition

Interlocutory; no final determination; motion for extension of time adjourned to substantive hearing; costs reserved

Orders

  • The motion stand over until the hearing of the application.
  • Costs reserved.