Applicant S281 of 2003 v Refugee Review Tribunal

Case •

[2004] FCA 906

•

30 APRIL 2004

FEDERAL COURT OF AUSTRALIA

Applicant S281 of 2003 v Refugee Review Tribunal [2004] FCA 906

S281 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR

N2434 OF 2003

S282 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR

N2435 OF 2003

S1067 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR

N2741 OF 2003

S1068 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR

N2742 OF 2003

S1069 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR

N2743 OF 2003

S1070 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR

N2744 OF 2003

S1071 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR

N2745 OF 2003

S1072 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR

N2746 OF 2003

S1073 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR

N2747 OF 2003

EMMETT J
30 APRIL 2004
SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N2434 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

S281 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

30 APRIL 2004

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        Order 51A rule 5(1) not apply. 

2.        The application for an order nisi be refused.

3.The adult applicants in each case pay the costs of the Minister of the proceedings to date.

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

N2435 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

S282 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

30 APRIL 2004

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        Order 51A rule 5(1) not apply. 

2.        The application for an order nisi be refused.

3.The adult applicants in each case pay the costs of the Minister of the proceedings to date.

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

N2741 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

S1067 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

30 APRIL 2004

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        Order 51A rule 5(1) not apply. 

2.        The application for an order nisi be refused.

3.The adult applicants in each case pay the costs of the Minister of the proceedings to date.

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

N2742 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

S1068 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

30 APRIL 2004

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        Order 51A rule 5(1) not apply. 

2.        The application for an order nisi be refused.

3.The adult applicants in each case pay the costs of the Minister of the proceedings to date.

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

N2743 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

S1069 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

30 APRIL 2004

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        Order 51A rule 5(1) not apply. 

2.        The application for an order nisi be refused.

3.The adult applicants in each case pay the costs of the Minister of the proceedings to date.

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

N2744 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

S1070 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

30 APRIL 2004

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        Order 51A rule 5(1) not apply. 

2.        The application for an order nisi be refused.

3.The adult applicants in each case pay the costs of the Minister of the proceedings to date.

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

N2745 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

S1071 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

30 APRIL 2004

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        Order 51A rule 5(1) not apply. 

2.        The application for an order nisi be refused.

3.The adult applicants in each case pay the costs of the Minister of the proceedings to date.

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

N2746 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

S1072 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

30 APRIL 2004

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        Order 51A rule 5(1) not apply. 

2.        The application for an order nisi be refused.

3.The adult applicants in each case pay the costs of the Minister of the proceedings to date.

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

N2747 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

S1073 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

30 APRIL 2004

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        Order 51A rule 5(1) not apply. 

2.        The application for an order nisi be refused.

3.The adult applicants in each case pay the costs of the Minister of the proceedings to date.

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

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

N2434 OF 2003

BETWEEN:

S281 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

N2435 OF 2003

BETWEEN:

S282 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

N2741 OF 2003

BETWEEN:

S1067 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

N2742 OF 2003

BETWEEN:

S1068 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

N2743 OF 2003

BETWEEN:

S1069 OF 2003

APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

N2744 OF 2003

BETWEEN:

S1070 OF 2003

APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

N2745 OF 2003

BETWEEN:

S1071 OF 2003

APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

N2746 OF 2003

BETWEEN:

S1072 OF 2003

APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

N2747 OF 2003

BETWEEN:

S1073 OF 2003

APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE:

30 APRIL 2004

PLACE:

SYDNEY

REASONS FOR JUDGMENT

  1. In proceedings numbered 2434 of 2003, 2435 of 2003, 2741 of 2003, 2742 of 2003, 2743 of 2003, 2744 of 2003, 2745 of 2003, 2746 of 2003 and 2747 of 2003, these matters was commenced in the High Court by the filing either on 29 May or 11 June 2003 of draft order nisi supported by an affidavit.  In each case the affidavit annexes the reasons for decision of the Refugee Review Tribunal (‘the Tribunal’) affirming a decision of the Minister for Immigration & Multicultural & Indigenous Affairs (‘the Minister’) not to grant protection visa to the applicant together with a chronology.

  2. The forms of order nisi in these matters consist of the same terms.  They claim constitutional writ relief in respect of the decision of the Tribunal in question on the ground that the applicant was denied natural justice and procedural fairness.  The particulars set out in the orders nisi refer generally to circumstances similar to those that were under consideration by the High Court in its decision in Muin v Refugee Review Tribunal & Ors, Lie v Refugee Review Tribunal & Ors (2002) 190 ALR 601 and the Tribunal. However, there is no evidence in support of the assertions contained in the orders nisi.

  3. On the material presently before the Court, there is no arguable case shown for the grant of any constitutional relief.  Accordingly, it is appropriate to refuse orders nisi.  That, of course, would not necessarily preclude an applicant from commencing another proceeding seeking relief in respect of the decision of the Tribunal supported by appropriate evidence if such evidence is available.  In each case I order that Order 51A rule 5(1) not apply.  I refuse 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 Emmett.

Associate:

Dated:            12 July 2004

Solicitor for the Applicant: Harpers Solicitors
Solicitor for the Respondent: Australian Government Solicitor
Date of Hearing: 30 April 2004
Date of Judgment: 30 April 2004
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Cases Cited

1

Statutory Material Cited

0

Alam v Minister for Immigration and Multicultural Affairs [1999] FCA 1630