FEDERAL COURT OF AUSTRALIA
S382 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 670
S382 OF 2003 v Minister for Immigration & Multicultural & Indigenous Affairs & ORS
N 2535 OF 2003
EMMETT J
9 FEBRUARY 2004
SYDNEY
|
IN THE FEDERAL COURT OF AUSTRALIA |
|
|
NEW SOUTH WALES DISTRICT REGISTRY |
N 2535 OF 2003 |
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
|
BETWEEN: |
S382 OF 2003 APPLICANT
|
|
AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS FIRST RESPONDENT
PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT
KIM ROSSER, MEMBER OF THE REFUGEE REVIEW TRIBUNAL THIRD RESPONDENT
|
|
EMMETT J |
|
|
DATE OF ORDER: |
9 FEBRUARY 2004 |
|
WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. Order 51A r 5(1) of the Federal Court Rules not apply.
2. The application for an order nisi be refused.
3. The applicant pay the Minister’s costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
|
IN THE FEDERAL COURT OF AUSTRALIA |
|
|
NEW SOUTH WALES DISTRICT REGISTRY |
N 2535 OF 2003 |
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
|
BETWEEN: |
S382 OF 2003 APPLICANT
|
|
AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS FIRST RESPONDENT
PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT
KIM ROSSER, MEMBER OF THE REFUGEE REVIEW TRIBUNAL THIRD RESPONDENT
|
|
JUDGE: |
|
|
DATE: |
9 FEBRUARY 2004 |
|
PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 On 30 June 2003 the applicant filed in the High Court a draft order nisi and an affidavit sworn on 25 June 2003. The proceeding was commenced for constitutional writ relief in respect of a decision of the Refugee Review Tribunal (‘the Tribunal’) made on 1 June 2000affirming a decision not to grant a protection visa to the applicant and members of his family. The matter was remitted to this Court by Heydon J on 12 November 2003. The affidavit in support of the draft order nisi disclosed no basis upon which any relief could be granted.
2 When the matter was called on for directions today there was no appearance for the applicant. In the circumstances I propose to refuse an order nisi and to order the applicant to pay the Minister’s costs.
|
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett. |
Associate:
Dated: 31 May 2004
|
Counsel for the Applicant: |
The applicant did not appear |
|
|
|
|
Solicitor for the Respondent: |
Australian Government Solicitor |
|
|
|
|
Date of Hearing: |
9 February 2004 |
|
|
|
|
Date of Judgment: |
9 February 2004 |
