S1729 of 2003 v Refugee Review Tribunal

[2004] FCA 1775

FEDERAL COURT OF AUSTRALIA

S1729 of 2003 v Refugee Review Tribunal [2004] FCA 1775

S1729 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR

N2089 OF 2003

EMMETT J
23 APRIL 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N2089 OF 2003

BETWEEN:

S1729 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION, MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

23 APRIL 2004

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

(1)The motion be dismissed.

(2)       The applicant pay the second respondent’s 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
NEW SOUTH WALES DISTRICT REGISTRY	N2089 OF 2003

BETWEEN:

S1729 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION, MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:	EMMETT J
DATE:	23 APRIL 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter on 20 February 2004 I ordered that the application for orders nisi be refused for reasons that I delivered on that day.  The applicant has now filed a motion seeking that the proceeding dismissed on 20 February 2004 be reinstated.  I do not know what the applicant means by asking that the proceeding be ‘reinstated’.  No good reason has been advanced as to why I should reconsider the order that I made after full argument on 20 February 2004. 

2. The affidavit filed in support of the motion is misleading in that it suggests that the matter was disposed of by consent.  I consider that this motion is quite misconceived and should be dismissed. 

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

Associate:

Dated:            25 January 2005

Solicitor for the Applicant:	Mr T Silva
Counsel for the Respondent:	Mr A Markus
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	23 April 2004
Date of Judgment:	23 April 204