FEDERAL COURT OF AUSTRALIA
Applicant S288 of 2003 v Refugee Review Tribunal [2005] FCA 1187
APPLICANT S288 OF 2003 v REFUGEE REVIEW TRIBUNAL and MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 2486 of 2003
WILCOX J
25 AUGUST 2005
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 2486 of 2003 |
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
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BETWEEN: |
APPLICANT S288 OF 2003 APPLICANT
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AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS SECOND RESPONDENT
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WILCOX J |
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DATE OF ORDER: |
25 AUGUST 2005 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. Subrule (1) of Order 51A rule 5 not apply to this application.
2. The application for an order nisi be refused.
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 |
NSD 2486 of 2003 |
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
|
BETWEEN: |
APPLICANT S288 OF 2003 APPLICANT
|
|
AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS SECOND RESPONDENT
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JUDGE: |
WILCOX J |
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DATE: |
25 AUGUST 2005 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
WILCOX J:
1 I have considered the papers filed in this case including the applicant’s submissions. Having considered the decision of the Refugee Review Tribunal I do not think that any of the grounds referred to by the applicant is fairly arguable in this case. Accordingly it would be inappropriate to grant an order nisi.
2 I propose to order that subrule (1) of Order 51A rule 5 not apply to this case and that the application for an order nisi be refused.
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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 Wilcox. |
Associate:
Dated: 25 August 2005
