Applicant S265 of 2003 v Refugee Review Tribunal

Case [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
Details
AGLC
Applicant S265 of 2003 v Refugee Review Tribunal [2005] FCA 1733
Case
[2005] FCA 1733
Decision Date

CaseChat Overview and Summary

The case of Applicant S265 of 2003 v Refugee Review Tribunal involved a person seeking to appeal the decision of the Refugee Review Tribunal, which had determined that they were not a refugee under the Refugee Convention. The High Court was tasked with deciding whether the applicant should be granted leave to appeal the Tribunal's decision. The legal issues that arose in this case centred around the scope and interpretation of the Migration Act 1958, particularly sections concerning the review of decisions made by the Refugee Review Tribunal. The court had to consider whether the Tribunal's decision was so unreasonable as to justify an appeal and whether there were any jurisdictional errors made by the Tribunal.

In delivering its judgment, the Court examined the nature of the Tribunal's decision-making process and the standards of review applicable to such decisions. It was determined that the Tribunal's decision was not so unreasonable as to warrant an appeal, as the evidence and reasoning provided supported the conclusion that the applicant did not meet the criteria for refugee status. The Court also noted that there were no jurisdictional errors in the proceedings before the Tribunal. Consequently, the Court held that the application for leave to appeal should be dismissed.

As a result of the dismissal of the application, the Court ordered that the applicant pay the respondent's costs, which were fixed at $450. This outcome reinforces the principle that leave to appeal is not granted lightly and that the Tribunal's decisions are to be given significant deference unless there are clear grounds for questioning their reasonableness or legality.

Orders

Orders of the court

1. The application for leave to appeal be dismissed.

2. The applicant pay the respondent’s costs fixed at $450.00.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

WILCOX J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: WILCOX J

Full text does not contain this section.