M162 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1146

M162 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1146

The application for an extension of time to apply for writs of certiorari and mandamus should be stood over to the hearing of the substantive remitted application, ensuring the issue of delay is considered jointly with the principal claim for a writ of prohibition rather than fragmented; costs reserved.

Jurisdiction
Australia
Judgment Date
21 October 2003
Procedural Posture
Judicial Review / Interlocutory Decision Regarding Extension of Time and Procedural Orders
Outcome
Application for extension of time stood over to substantive hearing; costs reserved.
Legal Topics
['extension of Time' 'jurisdictional Error' 'privative Clause' 'refugee Review' 'prerogative Writs']
['administrative Law' 'migration Law' 'constitutional Law'] ['extension of Time' 'jurisdictional Error' 'privative Clause' 'refugee Review' 'prerogative Writs']

Case Brief

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Procedural Posture

Judicial Review / Interlocutory Decision Regarding Extension of Time and Procedural Orders

Legal Issues

  1. 1 ['Whether the applicants should be granted an extension of time to apply for writs of certiorari and mandamus' "Whether the Refugee Review Tribunal committed jurisdictional error by failing to consider applicants' status as returnees" 'Whether delay precludes relief sought' 'Proper procedure for considering applications for writs of certiorari, mandamus, and prohibition when an enlargement of time is also sought']

Ratio Decidendi

The application for an extension of time to apply for writs of certiorari and mandamus should be stood over to the hearing of the substantive remitted application, ensuring the issue of delay is considered jointly with the principal claim for a writ of prohibition rather than fragmented; costs reserved.

Court Disposition

Application for extension of time stood over to substantive hearing; costs reserved.

Orders

  • ['The application by the applicants for an extension of time within which to apply for the issue of a writ of certiorari and a writ of mandamus is stood over to the hearing of the substantive remitted application.' 'The costs of and incidental to the hearing on 17 September 2003 be reserved.']