Applicants S61 of 2002 v Refugee Review Tribunal

(2004) 206 ALR 461; [2004] FCAFC 150

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Competency of appeal
4. › Whether judgment interlocutory or final
5. › Application for constitutional writs remitted from High Court
6. › Order dismissing 'the application'
7. › Whether dismissal of application for order nisi or dismissal of application for writs
8. › Federal Court Rules, O 51A r 5
1. Practice and Procedure
2. › Construction of judgments
3. › Ambiguous orders
4. › Resort to reasons for judgment to resolve ambiguity
5. › Whether order dismissed application for order nisi or application for constitutional writs
1. Practice and Procedure
2. › Remittal from High Court
3. › Applicable procedural rules
4. › Whether High Court Rules or Federal Court Rules apply to remitted matters
5. › Judiciary Act 1903 (Cth), s 44
6. › Federal Court Rules, O 51A r 5
7. › High Court Rules, O 55
1. Migration
2. › Judicial review
3. › Procedural fairness
4. › Whether Tribunal denied procedural fairness
5. › Whether case distinguishable from Muin v Refugee Review Tribunal
6. › Anshun estoppel
7. › Whether claims should have been raised in earlier proceedings

Quick Take

When a judge of the Federal Court dismisses on the merits an application for constitutional writs remitted from the High Court, the judgment is final and an appeal lies as of right without leave. The 'matter' remitted under s 44 of the Judiciary Act is the entire justiciable controversy (the entitlement to the writs), not merely the application for an order nisi. Once remitted, Federal Court Rules apply and High Court Rules have no further relevance absent a direction to the contrary.