Applicant S230/2003 v Refugee Review Tribunal Summary

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:

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

CaseChat Overview and Summary

The case before the court involved an applicant seeking to appeal against a decision of the Refugee Review Tribunal. The dispute centred on the Tribunal's assessment of the applicant's eligibility for a protection visa. The High Court of Australia was tasked with determining the validity of the appeal process.

The primary legal issue before the court was whether the applicant's appeal to the High Court was within the statutory time limit. The court also needed to assess whether the applicant had demonstrated any exceptional circumstances that would justify an extension of the time limit. Additionally, the court had to consider the proper interpretation of the relevant legislative provisions governing the time frames for such appeals.

The court held that the applicant's appeal was not within the prescribed time limit and no exceptional circumstances were presented to warrant an extension. The court emphasised the importance of adhering to statutory time limits in appeals and found that the legislative framework did not provide for any exceptions in this case. Consequently, the court declined the application and dismissed the appeal. The court's decision was definitive, and no further orders were made beyond declining the application.

Applicant S230/2003 v Refugee Review Tribunal

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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