Applicant S265 of 2003 v Refugee Review Tribunal

[2005] FCA 1733

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2053 of 2005

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

APPLICANT S265 OF 2003
APPLICANT

AND:

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

WILCOX J

DATE OF ORDER:

23 NOVEMBER 2005

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.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2053 of 2005

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

APPLICANT S265 OF 2003
APPLICANT

AND:

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:	WILCOX J
DATE:	23 NOVEMBER 2005
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.

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

The Applicant appeared in person.
Solicitor for the Respondents:	Ms D Watson of Australian Government Solicitor
Date of Hearing:	23 November 2005
Date of Judgment:	23 November 2005