Applicant S303/2003 v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 1190

FEDERAL COURT OF AUSTRALIA

Applicant S303/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1190

APPLICANT S303/2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS, PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL and MEMBER OF THE REFUGEE REVIEW TRIBUNAL

N 2453 OF 2003

MADGWICK J
25 AUGUST 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 2453 OF 2003

BETWEEN:

APPLICANT S303/2003
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

MEMBER OF THE REFUGEE REVIEW TRIBUNAL
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 2453 OF 2003

BETWEEN:

APPLICANT S303/2003
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

MEMBER OF THE REFUGEE REVIEW TRIBUNAL
THIRD RESPONDENT

JUDGE:

MADGWICK J

DATE:

25 AUGUST 2005

PLACE:

SYDNEY

REASONS FOR JUDGMENT

MADGWICK J:

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

2. Neither the materials filed in support of the application nor the applicant’s submissions show any arguable case for the making of such an order.

3. 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