S413 of 2003 v Refugee Review Tribunal Summary

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

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.
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.
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

The case before the Federal Court involved an applicant seeking to overturn a decision of the Refugee Review Tribunal (RRT) which had rejected their application for a protection visa. The applicant, represented by counsel, argued that the RRT had erred in its interpretation of the relevant provisions of the Migration Act and in its assessment of the credibility of the applicant's claims. The central issues before the court were whether the RRT had correctly applied the law in its assessment of the applicant's case and whether the RRT's findings of fact were open to being made on the evidence before it. The applicant's counsel contended that the RRT had failed to properly consider certain evidence and had erred in its interpretation of the relevant provisions of the Migration Act.

The court found that the RRT had correctly applied the law and had properly considered the evidence before it in making its findings of fact. The court held that the RRT's interpretation of the relevant provisions of the Migration Act was consistent with the plain meaning of the legislation and that the RRT's findings of fact were open to being made on the evidence before it. The court also found that the applicant had not demonstrated any error on the part of the RRT that was sufficient to warrant interference by the court. Accordingly, the court dismissed the applicant's appeal and refused the application for an order nisi.

S413 of 2003 v Refugee Review Tribunal

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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

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

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

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