NBCI v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 908

FEDERAL COURT OF AUSTRALIA

NBCI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 908

NBCI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N 258 of 2004

TAMBERLIN J
SYDNEY
9 JULY 2004

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N258 OF 2004

BETWEEN:	NBCI APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	9 JULY 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

The application is dismissed with costs.

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	N258 OF 2004

BETWEEN:	NBCI APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	9 JULY 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for review of a decision of the Refugee Review Tribunal (“the Tribunal”) handed down on 7 January 2004.  When the matter came before me, counsel for the respondent appeared, as did the applicant, with the assistance of an interpreter.  When asked what matters he wished to raise in relation to the proceedings, the applicant was unable to specify anything, and seemed to have elected not to speak, beyond asking me whether he could appeal from this decision.

2. In these circumstances, I do not think that any grounds have been made out for granting any application for review of the decision of the Tribunal.  I have read the written submissions prepared on behalf of the Minister, and I rely on those, together with a reading of the relevant documents, which have been handed to me.  There appears to be no substance whatsoever in the applicant's case, and no grounds have been made out.

3. Accordingly, I dismiss the application, and order that the applicant pay the respondent's costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated:            12 July 2004

The Applicant appeared in person with the assistance of an interpreter.
Counsel for the Respondent:	T. Reilly
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	9 July 2004
Date of Judgment:	9 July 2004