S515 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 673

FEDERAL COURT OF AUSTRALIA

S515 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 673

S515 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ORS

N 2533 OF 2003

EMMETT J
9 FEBRUARY 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 2533 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

S515 OF 2003
APPLICANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

R A FORDHAM, 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.

4.No application for review of the Tribunal’s decision on 5 March 2002 be accepted for filing in this Court without the leave of the Court.

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 2533 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

S515 OF 2003
APPLICANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

R A FORDHAM, MEMBER OF THE REFUGEE REVIEW TRIBUNAL
THIRD RESPONDENT

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

REASONS FOR JUDGMENT

1. On 25 September 2003 the applicant filed a draft order nisi and an affidavit in support in the High Court of Australia seeking constitutional writ relief in respect of a decision of the Refugee Review Tribunal (‘the Tribunal’) given on 5 March 2002.  The matter was remitted to this Court by Gummow J on 25 November 2003.  The affidavit filed in support of the application discloses no basis upon which any relief should be granted.  I therefore propose to refuse an order nisi. 

2. The Minister asks for costs and for an order that no application seeking review of the decision of the Tribunal be received by the Court for filing.  The Tribunal had invited the applicant to attend and give oral evidence because the Tribunal was unable to make a favourable decision on the information provided to it.  The applicant initially indicated that he would attend but later declined that opportunity and requested the Tribunal to make a decision on the papers. 

3. Having filed an application for judicial review in this Court on 23 April 2002, the applicant failed to appear when the matter was called on for hearing on 19 July 2002.  On that day I ordered that the application be dismissed for want of an appearance under O 32 r 2(1)(c).  The applicant then filed a purported notice of appeal to the Full Court.  When that appeal was called on for hearing there was no appearance for the appellant. 

4. In the circumstances, it appears to be appropriate to make the order requested by the Minister. 

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:            3 June 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