S382 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 670

FEDERAL COURT OF AUSTRALIA

S382 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 670

S382 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ORS

N 2535 OF 2003

EMMETT J
9 FEBRUARY 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 2535 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

S382 OF 2003
APPLICANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

KIM ROSSER, MEMBER OF THE REFUGEE REVIEW TRIBUNAL
THIRD RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

9 FEBRUARY 2004

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        Order 51A r 5(1) of the Federal Court Rules not apply.

2.        The application for an order nisi be refused.

3.        The applicant pay the Minister’s 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	N 2535 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

S382 OF 2003

APPLICANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

KIM ROSSER, MEMBER OF THE REFUGEE REVIEW TRIBUNAL
THIRD RESPONDENT

JUDGE:

EMMETT J

DATE:

9 FEBRUARY 2004

PLACE:

SYDNEY

REASONS FOR JUDGMENT

1. On 30 June 2003 the applicant filed in the High Court a draft order nisi and an affidavit sworn on 25 June 2003.  The proceeding was commenced for constitutional writ relief in respect of a decision of the Refugee Review Tribunal (‘the Tribunal’) made on 1 June 2000 affirming a decision not to grant a protection visa to the applicant and members of his family.   The matter was remitted to this Court by Heydon J on 12 November 2003.  The affidavit in support of the draft order nisi disclosed no basis upon which any relief could be granted. 

2. When the matter was called on for directions today there was no appearance for the applicant.  In the circumstances I propose to refuse an order nisi and to order the applicant to pay the Minister’s costs.

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:            31 May 2004

Counsel for the Applicant:	The applicant did not appear
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	9 February 2004
Date of Judgment:	9 February 2004