FEDERAL COURT OF AUSTRALIA
NAXN v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 162
NAXN & ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 1839 of 2003
ALLSOP J
5 MARCH 2004
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N 1839 of 2003 |
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BETWEEN: |
NAXN FIRST APPLICANT
NAXO SECOND APPLICANT
NAXP THIRD APPLICANT
NAXQ FOURTH APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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ALLSOP J |
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DATE OF ORDER: |
5 MARCH 2004 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
- The application be dismissed.
- The first and second applicants pay the respondent’s costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N 1839 of 2003 |
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BETWEEN: |
NAXN FIRST APPLICANT
NAXO SECOND APPLICANT
NAXP THIRD APPLICANT
NAXQ FOURTH APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
ALLSOP J |
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DATE: |
5 MARCH 2004 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 On 11 February 2004, I made orders that this matter stand over to 25 February 2004 to allow the parties to consider their position in relation to a question arising under or involving the interpretation of the Constitution. On the same day I handed down reasons which, subject to any constitutional question, dealt with all arguments put on behalf of the applicants in respect of their claim for relief under s 39B of the Judiciary Act 1903 (Cth) in respect of a decision of the Refugee Review Tribunal which had affirmed a decision of a delegate of the respondent Minister to refuse protection visas to the applicants.
2 Shortly prior to 25 February 2004, the solicitor for the applicants indicated to my chambers that there was to be no constitutional question taken. With that intimation it is plain that I have now dealt with all relevant matters.
3 In the above circumstances, the application of the applicants will be dismissed.
4 The applicants are a family. The application was brought by husband and wife on behalf of themselves and their children. I do not propose to make an order for costs against the children.
5 The orders of the Court are:
1. the application be dismissed;
2. the first and second applicants pay the respondent’s costs.
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I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop. |
Associate:
Dated: 5 March 2004
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Solicitor for the Applicant: |
Mr T Silva |
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Counsel for the Respondent: |
Mr D Jordan |
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Solicitor for the Respondent: |
Sparke Helmore |
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Date of Hearing: |
5 February 2004 |
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Date of Judgment: |
5 March 2004 |
