S413 of 2003 v Refugee Review Tribunal

[2004] FCA 498

FEDERAL COURT OF AUSTRALIA

S413 of 2003 v Refugee Review Tribunal [2004] FCA 498

S413 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR

N 2531 OF 2003

EMMETT J

9 FEBRUARY 2004

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 2531 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

S413 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

9 FEBRUARY 2004

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        the application for an order nisi be refused.

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 2531 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

S413 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:	EMMETT J
DATE:	9 FEBRUARY 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On 18 July 2003 the applicant filed in the High Court of Australia a draft order nisi supported by an affidavit.  The applicant sought prerogative relief in respect of a decision of the Refugee Review Tribunal (‘the Tribunal’) given on 1 February 2000.  The affidavit filed in the High Court, on its face, discloses no basis upon which any relief could be granted.  By consent, Gummow J ordered on 25 November 2003 that the further proceedings in the application be remitted to this Court and the matter was listed today for directions. 

2. The solicitor for the applicant indicated that it would be necessary to file an application disclosing some basis for relief.  The matter presently before this Court is an application for an order nisi.  I consider that the appropriate course is to refuse an order nisi and the applicant can then commence such proceeding as he is advised. 

3. The respondents to the application seek costs.  The matter was remitted by consent without the question of refusal of an order nisi being raised and, in the circumstances, I consider that it is appropriate to make no order as to costs.

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

Associate:

Dated:            27 April 2004

Solicitor for the Applicant:	Ward Maxwell & Co
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	9 February 2004
Date of Judgment:	9 February 2004