FEDERAL COURT OF AUSTRALIA
Applicant S281 of 2003 v Refugee Review Tribunal [2004] FCA 906
S281 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR
N2434 OF 2003
S282 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR
N2435 OF 2003
S1067 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR
N2741 OF 2003
S1068 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR
N2742 OF 2003
S1069 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR
N2743 OF 2003
S1070 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR
N2744 OF 2003
S1071 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR
N2745 OF 2003
S1072 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR
N2746 OF 2003
S1073 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR
N2747 OF 2003
EMMETT J
30 APRIL 2004
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
|
|
NEW SOUTH WALES DISTRICT REGISTRY |
N2434 OF 2003 |
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
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BETWEEN: |
S281 OF 2003 APPLICANT
|
|
AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND 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) not apply.
2. The application for an order nisi be refused.
3. The adult applicants in each case pay the costs of the Minister of the proceedings to date.
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 |
|
|
NEW SOUTH WALES DISTRICT REGISTRY |
N2435 OF 2003 |
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
|
BETWEEN: |
S282 OF 2003 APPLICANT
|
|
AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
|
|
JUDGE: |
EMMETT J |
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DATE OF ORDER: |
30 APRIL 2004 |
|
WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. Order 51A rule 5(1) not apply.
2. The application for an order nisi be refused.
3. The adult applicants in each case pay the costs of the Minister of the proceedings to date.
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 |
N2741 OF 2003 |
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
|
BETWEEN: |
S1067 OF 2003 APPLICANT
|
|
AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
|
|
JUDGE: |
EMMETT J |
|
DATE OF ORDER: |
30 APRIL 2004 |
|
WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. Order 51A rule 5(1) not apply.
2. The application for an order nisi be refused.
3. The adult applicants in each case pay the costs of the Minister of the proceedings to date.
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 |
N2742 OF 2003 |
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
|
BETWEEN: |
S1068 OF 2003 APPLICANT
|
|
AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
|
|
JUDGE: |
EMMETT J |
|
DATE OF ORDER: |
30 APRIL 2004 |
|
WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. Order 51A rule 5(1) not apply.
2. The application for an order nisi be refused.
3. The adult applicants in each case pay the costs of the Minister of the proceedings to date.
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 |
N2743 OF 2003 |
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
|
BETWEEN: |
S1069 OF 2003 APPLICANT
|
|
AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
|
|
JUDGE: |
EMMETT J |
|
DATE OF ORDER: |
30 APRIL 2004 |
|
WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. Order 51A rule 5(1) not apply.
2. The application for an order nisi be refused.
3. The adult applicants in each case pay the costs of the Minister of the proceedings to date.
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 |
N2744 OF 2003 |
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
|
BETWEEN: |
S1070 OF 2003 APPLICANT
|
|
AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
|
|
JUDGE: |
EMMETT J |
|
DATE OF ORDER: |
30 APRIL 2004 |
|
WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. Order 51A rule 5(1) not apply.
2. The application for an order nisi be refused.
3. The adult applicants in each case pay the costs of the Minister of the proceedings to date.
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 |
N2745 OF 2003 |
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
|
BETWEEN: |
S1071 OF 2003 APPLICANT
|
|
AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
|
|
JUDGE: |
EMMETT J |
|
DATE OF ORDER: |
30 APRIL 2004 |
|
WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. Order 51A rule 5(1) not apply.
2. The application for an order nisi be refused.
3. The adult applicants in each case pay the costs of the Minister of the proceedings to date.
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 |
N2746 OF 2003 |
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
|
BETWEEN: |
S1072 OF 2003 APPLICANT
|
|
AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
|
|
JUDGE: |
EMMETT J |
|
DATE OF ORDER: |
30 APRIL 2004 |
|
WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. Order 51A rule 5(1) not apply.
2. The application for an order nisi be refused.
3. The adult applicants in each case pay the costs of the Minister of the proceedings to date.
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 |
N2747 OF 2003 |
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
|
BETWEEN: |
S1073 OF 2003 APPLICANT
|
|
AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
|
|
JUDGE: |
EMMETT J |
|
DATE OF ORDER: |
30 APRIL 2004 |
|
WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. Order 51A rule 5(1) not apply.
2. The application for an order nisi be refused.
3. The adult applicants in each case pay the costs of the Minister of the proceedings to date.
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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ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
N2434 OF 2003
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BETWEEN: |
S281 OF 2003 APPLICANT
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|
AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
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N2435 OF 2003
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BETWEEN: |
S282 OF 2003 APPLICANT
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AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
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N2741 OF 2003
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BETWEEN: |
S1067 OF 2003 APPLICANT
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AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
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N2742 OF 2003
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BETWEEN: |
S1068 OF 2003 APPLICANT
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AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
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N2743 OF 2003
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BETWEEN: |
S1069 OF 2003 APPLICANT |
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AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
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N2744 OF 2003
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BETWEEN: |
S1070 OF 2003 APPLICANT |
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AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
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N2745 OF 2003
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BETWEEN: |
S1071 OF 2003 APPLICANT |
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AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
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N2746 OF 2003
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BETWEEN: |
S1072 OF 2003 APPLICANT |
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AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
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N2747 OF 2003
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BETWEEN: |
S1073 OF 2003 APPLICANT |
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AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT |
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JUDGE: |
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DATE: |
30 APRIL 2004 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 In proceedings numbered 2434 of 2003, 2435 of 2003, 2741 of 2003, 2742 of 2003, 2743 of 2003, 2744 of 2003, 2745 of 2003, 2746 of 2003 and 2747 of 2003, these matters was commenced in the High Court by the filing either on 29 May or 11 June 2003 of draft order nisisupported by an affidavit. In each case the affidavit annexes the reasons for decision of the Refugee Review Tribunal (‘the Tribunal’) affirming a decision of the Minister for Immigration & Multicultural & Indigenous Affairs (‘the Minister’) not to grant protection visa to the applicant together with a chronology.
2 The forms of order nisi in these matters consist of the same terms. They claim constitutional writ relief in respect of the decision of the Tribunal in question on the ground that the applicant was denied natural justice and procedural fairness. The particulars set out in the orders nisi refer generally to circumstances similar to those that were under consideration by the High Court in its decision in Muin v Refugee Review Tribunal & Ors, Lie v Refugee Review Tribunal & Ors (2002) 190 ALR 601 and the Tribunal. However, there is no evidence in support of the assertions contained in the orders nisi.
3 On the material presently before the Court, there is no arguable case shown for the grant of any constitutional relief. Accordingly, it is appropriate to refuse orders nisi. That, of course, would not necessarily preclude an applicant from commencing another proceeding seeking relief in respect of the decision of the Tribunal supported by appropriate evidence if such evidence is available. In each case I order that Order 51A rule 5(1) not apply. I refuse 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: 12 July 2004
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Solicitor for the Applicant: |
Harpers Solicitors |
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Solicitor for the Respondent: |
Australian Government Solicitor |
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Date of Hearing: |
30 April 2004 |
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Date of Judgment: |
30 April 2004 |
