Applicant A17/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1380

FEDERAL COURT OF AUSTRALIA

Applicant A17/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1380 Jess v Scott (1986) 12 FCR 187 applied Ariaee v Minister for Immigration and Multicultural Affairs [2001] FCA 1627 distinguished Bourke v State Bank of New South Wales [1995] FCA 139 cited National Mutual Life Association of Australasia Ltd v Grosvenor Hill (Queensland) (2001) 183 ALR 700 cited 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 V 996 OF 2003 SUNDBERG J 28 NOVEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 996 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: SUNDBERG J

DATE OF ORDER: 28 NOVEMBER 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 V 996 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: SUNDBERG J

DATE: 28 NOVEMBER 2003

PLACE: MELBOURNE