Applicants M133/2003 v Minister for Immigration & Multicultural & Indigenous Affairs

[2003] FCA 1596

FEDERAL COURT OF AUSTRALIA

Applicants M133/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1596

Applicant M115/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1448, followed

APPLICANTS M133/2003 v THE HONOURABLE PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA AND PETER MOLONY SITTING AS THE REFUGEE REVIEW TRIBUNAL AND MR ADOLFO GENTILE IN HIS CAPACITY AS SENIOR MEMBER OF THE REFUGEE REVIEW TRIBUNAL

V725 OF 2003

MARSHALL J
8 DECEMBER 2003
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V725 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

APPLICANTS M133/2003
APPLICANTS

AND:

THE HONOURABLE PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA
FIRST RESPONDENT

PETER MOLONY SITTING AS THE REFUGEE REVIEW TRIBUNAL AND MR ADOLFO GENTILE IN HIS CAPACITY AS SENIOR MEMBER OF THE REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENTS

JUDGE:

MARSHALL J

DATE OF ORDER:

8 DECEMBER 2003

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

1.        The application be dismissed as disclosing no reasonable cause of action.

2.        The respondents’ motion otherwise be dismissed.

3.The applicants pay the respondents’ costs of the application, including the costs of the motion.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V725 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

APPLICANTS M133/2003
APPLICANTS

AND:

THE HONOURABLE PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA
FIRST RESPONDENT

PETER MOLONY SITTING AS THE REFUGEE REVIEW TRIBUNAL AND MR ADOLFO GENTILE IN HIS CAPACITY AS SENIOR MEMBER OF THE REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENTS

JUDGE:	MARSHALL J
DATE:	8 DECEMBER 2003
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. In Applicant M115/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1448 the Court made the following orders:

   1.        The application be dismissed as disclosing no reasonable cause of action.

   2.        The respondents’ motion otherwise be dismissed.
   These reasons for judgment should be read together with those in Applicant M115/2003.

   3. The applicant pay the respondents’ costs of the application, including the costs of the motion.

2. As in Applicant M115/2003 the respondent filed a notice of motion to dismiss the proceeding. The facts and circumstances of this matter are materially indistinguishable from those in Applicant M115/2003. The applicants did not contend otherwise.

3. The draft order nisi is in the same form as in Applicant M115/2003. Consent orders of the type made in Applicant M115/2003 were also made in this matter. The applicants filed “contentions of law” but did not file any affidavit material illustrating how it would have made a difference to their case before the Refugee Review Tribunal (“the Tribunal”) if they had been appraised of adverse country information before it decided their applications for protection visas; assuming that they were not, in fact, so informed by the Tribunal.

4. Accordingly it is appropriate to make the same orders in the motion in this matter as in Applicant M115/2003.

   Orders

   1.        The application be dismissed as disclosing no reasonable cause of action.

   2.        The respondents’ motion otherwise be dismissed.

   3.The applicants pay the respondents’ costs of the application, including the costs of the motion.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Marshall.

Associate:

Dated:            15 January 2004

The applicants represented themselves
Counsel for the Respondents:	Mr Chris Horan
Solicitor for the Respondents:	Australian Government Solicitor
Date of Hearing:	8 December 2003
Date of Judgment:	8 December 2003