FEDERAL COURT OF AUSTRALIA
S448 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 499
S448 OF 2003 v Minister for Immigration & Multicultural & INDIGENOUS Affairs & ORS
N 2536 OF 2003
EMMETT J
9 FEBRUARY 2004
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N 2536 OF 2003 |
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
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BETWEEN: |
S448 OF 2003 APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS FIRST RESPONDENT
PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT
PAUL WHITE, MEMBER OF THE REFUGEE REVIEW TRIBUNAL THIRD RESPONDENT
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EMMETT J |
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DATE OF ORDER: |
9 FEBRUARY 2004 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. the application for an order nisi be refused.
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 2536 OF 2003 |
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
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BETWEEN: |
S448 OF 2003 APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS FIRST RESPONDENT
PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT
PAUL WHITE, MEMBER OF THE REFUGEE REVIEW TRIBUNAL THIRD RESPONDENT
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JUDGE: |
EMMETT J |
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DATE: |
9 FEBRUARY 2004 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 On 6 August 2003 the applicant filed a draft order nisiin the High Court of Australia supported by an affidavit sworn on 25 July 2003. The applicant sought relief in respect of a decision of the Refugee Review Tribunal (‘the Tribunal’) made on 1 May 2002 affirming a decision of a delegate of the Minister for Immigration & Multicultural & Indigenous Affairs (‘the Minister’) not to grant a protection visa. That proceeding was remitted to this Court by Heydon J on 12 November 2003.
2 The affidavit in support of the application discloses no basis upon which any relief could be granted in respect of the decision. I am informed by the solicitor for the Minister that on 12 September 2002 an application for review of the decision of the Tribunal was dismissed by consent.
3 In the circumstances I consider that it is appropriate to refuse an order nisi.
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I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett. |
Associate:
Dated: 27 April 2004
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Counsel for the Applicant: |
The applicant appeared in person |
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Solicitor for the Respondent: |
Sparke Helmore |
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Date of Hearing: |
9 February 2004 |
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Date of Judgment: |
9 February 2004 |
