Applicant A17/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1080

FEDERAL COURT OF AUSTRALIA

Applicant A17/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1080 APPLICANT A17/2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS, KEN NORTHWOOD, MEMBER REFUGEE REVIEW TRIBUNAL AND PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL S40 OF 2003 MARSHALL J 8 OCTOBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY S40 OF 2003

BETWEEN: APPLICANT A17/2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

KEN NORTHWOOD, MEMBER REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 8 OCTOBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed.

2. The applicant pay the first respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY S40 OF 2003

BETWEEN: APPLICANT A17/2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

KEN NORTHWOOD, MEMBER REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: MARSHALL J

DATE: 8 OCTOBER 2003

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 The applicant applied to the High Court of Australia on 18 February 2002 for an order nisi in respect of constitutional writs against the respondents. On 7 February 2003, further proceedings in the application were remitted to this Court. The first directions hearing was programmed for 3 April 2003 in Adelaide in the South Australia District Registry. On that day von Doussa J made orders which were vacated by consent on 15 April 2003. 2 On 10 June 2003, Selway J ordered as follows: "1. The applicant, by 17 July 2003: