Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NANE of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1200 NANE of 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 644 of 2002 SACKVILLE J SYDNEY 10 SEPTEMBER 2002
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N644 OF 2002
BETWEEN: NANE of 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: SACKVILLE J
DATE OF ORDER: 10 SEPTEMBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. 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 N644 OF 2002
BETWEEN: NANE of 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: SACKVILLE J
DATE: 10 SEPTEMBER 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for judicial review of a decision of the Refugee Review Tribunal ("RRT") made on 25 June 2002. The RRT affirmed a decision of a delegate of the respondent ("the Minister") not to grant the applicant a protection visa. 2 The application filed in this Court does not identify the source of the Court's jurisdiction. Mr Smith, who appeared on behalf of the Minister, did not dispute, however, that the application should be treated as having been made pursuant to s 39B(1) of the Judiciary Act 1903 (Cth) ("Judiciary Act"). 3 The application specifies the following grounds: "A. The [RRT] exceeded its jurisdiction in determining the case. B. Error of judgment by the [RRT]." As Mr Smith pointed out, these grounds provide no guidance as to the substantive complaints upon which the applicant seeks to rely. No particulars of the grounds have been provided and the applicant, who has appeared in this Court without legal representation, did not comply with directions to file and serve written submissions.
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