Applicants S487/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1309

FEDERAL COURT OF AUSTRALIA

Applicants S487/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1309 MIGRATION – application to the High Court for constitutional writs and injunctive relief remitted to Federal Court – whether failure to comply with s 418(3) of the Migration Act 1958 (Cth) – documents specifically identified in Delegate's decision record and available in electronic form – applicant not misled by anything said or done by the RRT – no denial of procedural fairness Judiciary Act 1903 (Cth), s 44 Migration Act 1958 (Cth), ss 418(3) 430(1)(c) and (d) High Court Rules 1952 (Cth), O 55 rr 17 and 30, O 60 r 6(1) Re Ruddock; Ex parte Reyes (2000) 177 ALR 484 applied Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 cited Applicant M216/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 931 cited Muin v Refugee Review Tribunal (2002) 190 ALR 601 distinguished APPLICANTS S487/2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 346 of 2003 SACKVILLE J SYDNEY 14 NOVEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N346 OF 2003

On remittal from the High Court of Australia

IN the matter of an application for Writs of

Mandamus, Certiorari and Injunctions:

BETWEEN: APPLICANTS S 487

AND: APPLICANTS

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

AND: REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 14 NOVEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The adult male applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.