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
APPLICANTSAND:
THE HONOURABLE PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA
FIRST RESPONDENTPETER 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
APPLICANTSAND:
THE HONOURABLE PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA
FIRST RESPONDENTPETER 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
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.- The applicant pay the respondents’ costs of the application, including the costs of the motion.
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.
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.
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
- AGLC
- Applicants M133/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1596
- Case
- [2003] FCA 1596
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court were whether the legislative provisions that authorised the detention of non-citizens without trial were consistent with the principles of natural justice and procedural fairness, and whether they complied with the Australian Constitution. Specifically, the Court had to consider whether the provisions were validly enacted under the Constitution and whether they complied with the separation of powers doctrine. Additionally, the Court had to assess whether the provisions violated the implied freedom of political communication.
In reaching its decision, the Court held that the legislative provisions were validly enacted under the Constitution and did not violate the separation of powers doctrine. The Court found that the provisions did not breach the implied freedom of political communication, as they were not directed towards suppressing or curtailing political communication. The Court further held that the provisions did not contravene the principles of natural justice and procedural fairness, as they provided for adequate safeguards, including judicial review.
Consequently, the Court dismissed the applicants' application and ordered that the Minister’s costs be paid by the applicants. The Court's decision affirmed the constitutionality of the legislative provisions that authorised the detention of non-citizens without trial, subject to judicial review.
Orders
Orders of the court
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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: MARSHALL J
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