FEDERAL COURT OF AUSTRALIA
Applicant S265 of 2003 v Refugee Review Tribunal [2005] FCA 1733
APPLICANT S265 OF 2003 v REFUGEE REVIEW TRIBUNAL AND MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 2053 of 2005
WILCOX J
23 NOVEMBER 2005
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 2053 of 2005 |
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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BETWEEN: |
APPLICANT S265 OF 2003 APPLICANT
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AND:
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: |
23 NOVEMBER 2005 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed.
2. The applicant pay the respondent’s costs fixed at $450.00.
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 2053 of 2005 |
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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BETWEEN: |
APPLICANT S265 OF 2003 APPLICANT
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AND:
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: |
23 NOVEMBER 2005 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
WILCOX J:
1 This is an application for leave to appeal against refusal of an order nisi by Conti J.
2 A previous challenge to the Tribunal’s decision, given in April 1999, was dismissed by Whitlam J on 20 August 1999. His judgment was upheld by a Full Court on 18 February 2000. The applicant was represented by counsel before Whitlam J and by senior counsel before the Full Court.
3 This is clearly an attempt to relitigate the same subject matter as the previous proceeding.
4 I propose to dismiss the application for leave to appeal.
5 I will order the applicant to pay the respondent's costs fixed at $450.00.
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I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox. |
Associate:
Dated: 30 November 2005
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The Applicant appeared in person. |
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Solicitor for the Respondents: |
Ms D Watson of Australian Government Solicitor |
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Date of Hearing: |
23 November 2005 |
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Date of Judgment: |
23 November 2005 |
