FEDERAL COURT OF AUSTRALIA
Applicant S381 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1552
APPLICANT S381 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1274 OF 2004
WHITLAM J
22 OCTOBER 2004
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 1274 OF 2004 |
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BETWEEN: |
APPLICANT S381 OF 2003 APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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WHITLAM J |
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DATE OF ORDER: |
22 OCTOBER 2004 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application is refused.
2. The applicant pay the respondent’s costs fixed in the sum of $1100.00.
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 |
NSD 1274 OF 2004 |
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BETWEEN: |
APPLICANT S381 OF 2003 APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
WHITLAM J |
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DATE: |
22 OCTOBER 2004 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This is an application for leave to appeal from a judgment of Emmett J dismissing an application for an order nisi for constitutional writ relief in respect of a so-called ‘decision’ of a delegate of the respondent on 6 March 1992 and a decision of the Immigration Review Tribunal on 21 February 1997: S381 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1292. The background to the proceeding is set out in the very helpful judgment of Emmett J.
2 The applicant has not attended at the appointed time for the hearing today. I order that the application be refused and that the applicant pay the respondent’s costs fixed in the amount of $1,100.
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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 Whitlam. |
Associate:
Dated: 29 November 2004
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The applicant did not appear |
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Solicitor for the respondent: |
Mrs Elizabeth Knight from the Australian Government Solicitor |
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Date of hearing: |
22 October 2004 |
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Date of judgment: |
22 October 2004 |
