S448 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 499

FEDERAL COURT OF AUSTRALIA

S448 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 499

S448 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ORS

N 2536 OF 2003

EMMETT J

9 FEBRUARY 2004

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 2536 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

S448 OF 2003
APPLICANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

PAUL WHITE, 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.        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 2536 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

S448 OF 2003
APPLICANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

PAUL WHITE, MEMBER OF THE REFUGEE REVIEW TRIBUNAL
THIRD RESPONDENT

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

REASONS FOR JUDGMENT

1. On 6 August 2003 the applicant filed a draft order nisi in the High Court of Australia supported by an affidavit sworn on 25 July 2003.  The applicant sought relief in respect of a decision of the Refugee Review Tribunal (‘the Tribunal’) made on 1 May 2002 affirming a decision of a delegate of the Minister for Immigration & Multicultural & Indigenous Affairs (‘the Minister’) not to grant a protection visa.  That proceeding was remitted to this Court by Heydon J on 12 November 2003.

2. The affidavit in support of the application discloses no basis upon which any relief could be granted in respect of the decision.  I am informed by the solicitor for the Minister that on 12 September 2002 an application for review of the decision of the Tribunal was dismissed by consent. 

3. In the circumstances I consider that it is appropriate to refuse an order nisi.

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

Counsel for the Applicant:	The applicant appeared in person
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	9 February 2004
Date of Judgment:	9 February 2004