FEDERAL COURT OF AUSTRALIA
A28 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 869
A28 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ORS
N2605 OF 2003
A44 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ORS
N2614 OF 2003
A50 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ORS
N2618 OF 2003
EMMETT J
30 APRIL 2004
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N2605 OF 2003 |
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BETWEEN: |
A28 OF 2003 APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS FIRST RESPONDENT
SUE ZELINKA, MEMBER OF THE REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT
PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL THIRD RESPONDENT
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EMMETT J |
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DATE OF ORDER: |
30 APRIL 2004 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. Order 51A rule 5(1) of the Federal Court rules does not apply;
2. The application for an order nisi be refused;
3. The applicant to pay the Minister’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 |
N2614 OF 2003 |
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BETWEEN: |
A44 OF 2003 APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS FIRST RESPONDENT
PATRICIA LEEHY, MEMBER OF THE REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT
PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL THIRD RESPONDENT
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JUDGE: |
EMMETT J |
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DATE OF ORDER: |
30 APRIL 2004 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. Order 51A rule 5(1) of the Federal Court rules does not apply;
2. The application for an order nisi be refused;
3. The applicant to pay the Minister’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 |
N2618 OF 2003 |
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BETWEEN: |
A50 OF 2003 APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS FIRST RESPONDENT
J S RUSSELL, MEMBER OF THE REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT
PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL THIRD RESPONDENT
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JUDGE: |
EMMETT J |
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DATE OF ORDER: |
30 APRIL 2004 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. Order 51A rule 5(1) of the Federal Court rules does not apply;
2. The application for an order nisi be refused;
3. The applicant to pay the Minister’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 |
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N2605 OF 2003
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BETWEEN: |
A28 OF 2003 APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS FIRST RESPONDENT SUE ZELINKA, MEMBER OF THE REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL THIRD RESPONDENT
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N2614 OF 2003
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BETWEEN: |
A44 OF 2003 APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS FIRST RESPONDENT PATRICIA LEEHY, MEMBER OF THE REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL THIRD RESPONDENT
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N2618 OF 2003
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BETWEEN: |
A50 OF 2003 APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS FIRST RESPONDENT J S RUSSELL, MEMBER OF THE REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL THIRD RESPONDENT
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JUDGE: |
EMMETT J |
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DATE: |
30 APRIL 2004 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 In each of proceedings N2605 of 2003, N2614 of 2003 and N2618 of 2003 an affidavit was filed in the High Court of Australia in January or February 2003. The affidavit in each case is in similar form. It annexes a decision and reasons for decision of the Refugee Review Tribunal affirming a decision of the Minister to refuse to grant protection visas. Each affidavit annexes a draft order nisi. The orders nisi are in similar terms, seeking prerogative writ relief in respect of the decision of the Tribunal alleging breach of the rules of natural justice, error of law, failure to observe procedures required by law, improper exercise of power and absence of evidence or other material to justify the making of the decision.
2 No particulars are furnished in the order nisi, and there is no evidence in the affidavit that would support the grant of relief. There is evidence before the Court that each of the applicants has now departed Australia and no submissions were made in support of any relief. The Minister invites the Court to refuse orders nisi. I consider that it is appropriate to accede to the Minister’s request.
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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: 5 July 2004
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Solicitor for the Applicant: |
Mark Clisby |
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Solicitor for the Respondent: |
Spance Helmore |
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Date of Hearing: |
30 April 2004 |
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Date of Judgment: |
30 April 2004 |
