Applicants M237/2002 v MIMIA & Anor [2003] FCA 1183

Applicants M237/2002 v MIMIA & Anor [2003] FCA 1183

All substantive grounds for relief were previously argued and determined by the Court and Full Court; they are bound to fail on the merits and are also barred by res judicata and issue estoppel. No exceptional circumstances exist. Application for extension of time is dismissed and costs awarded to first respondent.

Jurisdiction
Australia
Judgment Date
11 August 2003
Procedural Posture
Application for Extension of Time (prerogative Relief) / Final Decision at First Instance Federal Court Following Remittal From High Court
Outcome
Application for extension of time dismissed; costs awarded to first respondent.
Legal Topics
['extension of Time for Prerogative Relief' 'jurisdictional Error' "interpretation of 'persecution' Under Refugees Convention" 'procedural Requirements (s430 Migration Act)' 'res Judicata and Issue Estoppel' 'judicial Review of Tribunal Decisions']
['administrative Law' 'migration Law'] ['extension of Time for Prerogative Relief' 'jurisdictional Error' "interpretation of 'persecution' Under Refugees Convention" 'procedural Requirements (s430 Migration Act)' 'res Judicata and Issue Estoppel' 'judicial Review of Tribunal Decisions']

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Procedural Posture

Application for Extension of Time (prerogative Relief) / Final Decision at First Instance Federal Court Following Remittal From High Court

Legal Issues

  1. 1 ['Whether extension of time should be granted for bringing application for certiorari.' 'Whether Refugee Review Tribunal failed to observe procedures as required by Migration Act s430(1)(d).' "Whether Tribunal erred in interpretation of 'persecuted' and 'protection obligations'." 'Whether new grounds are barred by res judicata and issue estoppel.']

Ratio Decidendi

All substantive grounds for relief were previously argued and determined by the Court and Full Court; they are bound to fail on the merits and are also barred by res judicata and issue estoppel. No exceptional circumstances exist. Application for extension of time is dismissed and costs awarded to first respondent.

Court Disposition

Application for extension of time dismissed; costs awarded to first respondent.

Orders

  • ['The application for extension of time is dismissed.' "The applicant pay the first respondent's costs of and incidental to the application."]