Applicant S298 of 2003 v Refugee Review Tribunal

[2005] FCA 1186

FEDERAL COURT OF AUSTRALIA

Applicant S298 of 2003 v Refugee Review Tribunal [2005] FCA 1186

APPLICANT S298 OF 2003 v REFUGEE REVIEW TRIBUNAL and MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 2451 of 2003

WILCOX J
25 AUGUST 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2451 of 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

APPLICANT S298 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

WILCOX J

DATE OF ORDER:

25 AUGUST 2005

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        Subrule (1) of Order 51A rule 5 not apply to this application.

2.        The application for an order nisi be refused.

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 2451 of 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

APPLICANT S298 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:	WILCOX J
DATE:	25 AUGUST 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

WILCOX J:

1. I have considered the papers filed in this case including the applicant’s submissions.  Having considered the decision of the Refugee Review Tribunal I do not think that any of the grounds referred to by the applicant is fairly arguable in this case.  Accordingly it would be inappropriate to grant an order nisi.

2. I propose to order that subrule (1) of Order 51A rule 5 not apply to this case and that the application for an order nisi be refused.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox.

Associate:
Dated:            25 August 2005