M162 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCA 23

M162 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCA 23

No jurisdictional error was established; the Tribunal addressed all claims properly before it, and was not required to consider treatment as returnees absent such a claim. There being no real prospects of success, the extension of time for relief is refused and the application dismissed.

Jurisdiction
Australia
Judgment Date
29 January 2004
Procedural Posture
Migration Application for Prerogative Writs / Judgment on Application for Extension of Time and Substantive Relief
Outcome
Application for extension of time dismissed; application otherwise dismissed with costs.
Legal Topics
['protection Visa' 'prerogative Writs' 'extension of Time' 'jurisdictional Error' 'remedies Against Minister and Tribunal']
['migration Law' 'administrative Law'] ['protection Visa' 'prerogative Writs' 'extension of Time' 'jurisdictional Error' 'remedies Against Minister and Tribunal']

Case Brief

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Procedural Posture

Migration Application for Prerogative Writs / Judgment on Application for Extension of Time and Substantive Relief

Legal Issues

  1. 1 ["Whether the Tribunal failed to consider the applicants' status as returnees when refusing a protection visa." 'Whether the application for certiorari and mandamus, brought out of time, should be granted an extension of time.' 'Whether prohibition should be the principal relief sought against the Minister.']

Ratio Decidendi

No jurisdictional error was established; the Tribunal addressed all claims properly before it, and was not required to consider treatment as returnees absent such a claim. There being no real prospects of success, the extension of time for relief is refused and the application dismissed.

Court Disposition

Application for extension of time dismissed; application otherwise dismissed with costs.

Orders

  • ['Application for extension of time to apply for writs of certiorari and mandamus dismissed.' 'Application otherwise dismissed.' "Applicant to pay the respondent's costs of and incidental to the application, including any reserved costs."]