Applicant S230/2003 v Refugee Review Tribunal

[2005] FCA 1189

FEDERAL COURT OF AUSTRALIA

Applicant S230/2003 v Refugee Review Tribunal [2005] FCA 1189

APPLICANT S230/2003 v REFUGEE REVIEW TRIBUNAL, SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and MINISTER OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N 1006 OF 2003

MADGWICK J
25 AUGUST 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1006 OF 2003

BETWEEN:

APPLICANT S230/2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
SECOND RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
THIRD RESPONDENT

JUDGE:

MADGWICK J

DATE OF ORDER:

25 AUGUST 2005

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The application be declined.

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	N 1006 OF 2003

BETWEEN:

APPLICANT S230/2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
SECOND RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
THIRD RESPONDENT

JUDGE:

MADGWICK J

DATE:

25 AUGUST 2005

PLACE:

SYDNEY

REASONS FOR JUDGMENT

MADGWICK J:

1. This is an application remitted by the High Court seeking an order nisi for the issue of Constitutional writs.

2. Neither the materials filed in support of the application nor the applicant’s submissions show an arguable case for the making of such an order.

3. I therefore decline to make an order nisi.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick.

Associate:

Dated:            25 August 2005