FEDERAL COURT OF AUSTRALIA
S1729 of 2003 v Refugee Review Tribunal [2004] FCA 1775
S1729 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR
N2089 OF 2003
EMMETT J
23 APRIL 2004
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N2089 OF 2003 |
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BETWEEN: |
S1729 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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EMMETT J |
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DATE OF ORDER: |
23 APRIL 2004 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
(1) The motion be dismissed.
(2) The applicant pay the second respondent’s costs of the motion.
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 |
N2089 OF 2003 |
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BETWEEN: |
S1729 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: |
EMMETT J |
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DATE: |
23 APRIL 2004 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 In this matter on 20 February 2004 I ordered that the application for orders nisi be refused for reasons that I delivered on that day. The applicant has now filed a motion seeking that the proceeding dismissed on 20 February 2004 be reinstated. I do not know what the applicant means by asking that the proceeding be ‘reinstated’. No good reason has been advanced as to why I should reconsider the order that I made after full argument on 20 February 2004.
2 The affidavit filed in support of the motion is misleading in that it suggests that the matter was disposed of by consent. I consider that this motion is quite misconceived and should be dismissed.
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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: 25 January 2005
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Solicitor for the Applicant: |
Mr T Silva |
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Counsel for the Respondent: |
Mr A Markus |
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Solicitor for the Respondent: |
Australian Government Solicitor |
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Date of Hearing: |
23 April 2004 |
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Date of Judgment: |
23 April 204 |
