S222 of 2003 v Minister for Immigration and Multicultural Affairs

[2006] FCA 211

FEDERAL COURT OF AUSTRALIA

S222 of 2003 v Minister for Immigration & Multicultural Affairs [2006] FCA 211

S222 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS & ANOR
NSD 2308 of 2005

GRAHAM J

15 FEBRUARY 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2308 OF 2005

BETWEEN:

S222 OF 2003
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:

GRAHAM J

DATE OF ORDER:

15 FEBRUARY 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The time for filing the application for leave to appeal from the judgment of Justice Emmett of 9 November 2005, be extended up to and including 24 November 2005.

2.        The application for leave to appeal be dismissed.

3.        The applicant pay the first respondent’s costs fixed in the agreed amount of $900.

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	NSD 2308 OF 2005

BETWEEN:

S222 of 2003
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:	GRAHAM J
DATE:	15 FEBRUARY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The Applicant, who is identified for the purposes of these proceedings as Applicant S222 of 2003, is a Bangladesh citizen.  He arrived in Australia on the first occasion on 14 July 1993, undertook some studies in Australia and returned to Bangladesh on 19 May 1997.  On 21 May 1997 he returned to Australia.  On 14 July 1999 he applied for a Protection Visa.  That application was refused by a Delegate of the Minister on 9 October 1999.  On 9 November 1999 the Applicant applied to the Refugee Review Tribunal (‘the Tribunal’) for review of the Minister's Delegate's decision.  On 23 May 2000 the Tribunal affirmed the decision of the Minister's Delegate not to grant a Protection Visa to the Applicant.

2. On 26 May 2003 the Applicant lodged an application in the High Court of Australia for an order nisi for constitutional writ relief in respect of the Tribunal's decision.  That application was supported by an affidavit of the Applicant affirmed 26 May 2003.  The High Court remitted the application for an order nisi to this Court for its consideration.  The matter was considered by Emmett J, who delivered a judgment on 9 November 2005, in which his Honour found that the application for orders nisi should be refused. 

3. It would appear that on 12 November 2004 the Court Registry wrote to the Applicant at the address given by him on the draft order nisi informing him that the Court proposed to consider whether there was an arguable case on the basis of the written material that the Applicant had given to the Court and without any oral hearing.

4. It was indicated that the lawyer for the Minister would not be giving any information to the Court and it was indicated that before…