NABO of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 363

FEDERAL COURT OF AUSTRALIA

NABO of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 363 NABO OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N514 OF 2002 MADGWICK, EMMETT & CONTI JJ 8 NOVEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N514 of 2002

BETWEEN: NABO OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MADGWICK, EMMETT AND CONTI JJ

DATE OF ORDER: 8 NOVEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The transcript of today's proceedings be urgently obtained. 2. The transcript, when available, be forwarded to the applicant at his address for service and that within 14 days of the dispatch of such transcript to him, the applicant may file and serve any application that he wishes to re-open the matter. 3. Leave is given to the applicant to make any such application and file and serve in writing (in English) any submissions that he might wish to make in support of the following contentions, firstly that the prima facie approach enunciated by the Court is wrong and secondly that the applicant has indeed some arguable prospect of success in an application to the Court for judicial review of the proceedings before the Refugee Review Tribunal. 4. On that basis, the application for leave to appeal will be dismissed and, subject to any further submissions as indicated, the applicant should pay the costs of the respondent. 5. To put the matter beyond doubt, the orders of the Court shall not be taken out until after the expiry of the times indicated nor without reference to Madgwick J as the presiding judge. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.