Applicant S422 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs

[2004] FCAFC 89

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Interrogate

Catchwords

1. Immigration
2. › Protection visa
3. › Refugee Review Tribunal
4. › Failure to attend hearing
5. › Notice of hearing sent in accordance with Migration Act 1958 (Cth)
6. › Whether sufficient notice given
7. › Whether Tribunal obliged to do more than statutory requirements
8. › Migration Act 1958 (Cth), ss 441A(4), 441C(4)
1. Practice and Procedure
2. › Remitter from High Court to Federal Court
3. › Application of High Court Rules to remitted matters
4. › Whether time limits in O 55 of High Court Rules are substantive or procedural
5. › Whether High Court Rules time limitations continue to apply after remitter
6. › Federal Court's power to extend time limitations in High Court Rules
7. › Judiciary Act 1903 (Cth), ss 44, 86
8. › Federal Court of Australia Act 1976 (Cth), ss 23, 38
1. Practice and Procedure
2. › Appeal
3. › Whether refusal of order nisi is interlocutory or final
4. › Whether leave to appeal required
5. › Federal Court Rules O 51A rr 1, 2, 2A, 4, 5

Quick Take

The application of O 55 time limitations to matters remitted from the High Court to the Federal Court has been questioned, though not resolved, by the Full Court.