Das v Minister for Immigration & Multicultural Affairs [2004] FCA 489

The applicants failed to provide a satisfactory explanation for their lengthy delay in seeking constitutional writs, as neither their financial situation nor the pursuit of Ministerial intervention under s 417 constituted special circumstances. Further, none of their grounds for review disclosed jurisdictional error on the part of the Tribunal. Therefore, the application for enlargement of time and orders nisi was refused and dismissed.

Jurisdiction: Australia
Judgment Date: 27 April 2004
Procedural Posture: Migration Judicial Review / Application for Enlargement of Time to Seek Constitutional Writs
Outcome: application dismissed
Legal Topics: ['enlargement of Time' 'jurisdictional Error' 'refugee and Protection Visas']

['migration Law' 'administrative Law'] ['enlargement of Time' 'jurisdictional Error' 'refugee and Protection Visas']

Case Brief

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Procedural Posture

Migration Judicial Review / Application for Enlargement of Time to Seek Constitutional Writs

Legal Issues

1 ['Whether enlargement of time to seek constitutional writs (mandamus, certiorari, prohibition) should be granted' 'Whether delay in bringing application was justified by special circumstances' 'Whether the Tribunal committed a jurisdictional error in refusing the visa application']

Ratio Decidendi

Court Disposition

application dismissed

Orders

['The application for an order nisi be dismissed.' "The applicant pay the first respondent's costs of the application."]