Applicant S1226 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs

Case •

[2004] FCA 578

•

4 MAY 2004

FEDERAL COURT OF AUSTRALIA

Applicant S1226 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 578

APPLICANT S1226 of 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N252 of 2004

JACOBSON J
SYDNEY
4 MAY 2004


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N252 of 2004

BETWEEN:

APPLICANT S1226 of 2003
APPLICANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS & INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:

JACOBSON J

DATE OF ORDER:

4 MAY 2004

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal be refused.

2.That the applicant pay the respondent's costs of the application as taxed or  assessed or as agreed between the parties.

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

 N252 of 2004

BETWEEN:

APPLICANT S1226 of 2003
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:

JACOBSON J

DATE:

4 MAY 2004

PLACE:

SYDNEY

REASONS FOR JUDGMENT

  1. This is one of six applications for leave to appeal against the judgment of Emmett J given on 20 February 2004 refusing to grant an order nisi.  The relevant background to the proceedings and the reasons why his Honour refused to make an order nisi are referred to in my judgment in the matter of Applicant S1198 of 2003v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 577.

  2. The applicant has filed an affidavit in support of the application for leave to appeal.  The affidavit states only that the applicant is not familiar with the procedures of the Federal Court and is not happy with the decision of the Refugee Review Tribunal (“the RRT”). 

  3. The applicant appeared before me this morning in person.  He said that he had produced an affidavit of 27 February 2004 and that the affidavit contains all that he wants to say.

  4. There is nothing in the affidavit and nothing has been put to me this morning to suggest that there is any doubt about the correctness of his Honour's judgment.  I am satisfied that no injustice would be caused by refusing leave.  Accordingly, the application for leave to appeal is refused.

  5. The order that I will make is that the applicant pay the respondent's costs of the application as taxed or assessed or as agreed between the parties.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson.

Associate:

Date:               4 May 2004

Applicant self represented
Counsel for the Respondent: J D Harris SC
Solicitor for the Respondent:  Clayton Utz
Date of Hearing: 4 May 2004
Date of Judgment: 4 May 2004
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