Applicant M1009/2003 v Minister for Immigration & Multicultural & Indigenous affairs [2003] FCA 1511

FEDERAL COURT OF AUSTRALIA

Applicant M1009/2003 v Minister for Immigration & Multicultural & Indigenous affairs [2003] FCA 1511 Applicant M115/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1448, followed.

APPLICANT M1009/2003 v THE HONOURABLE PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA AND J VRACHNAS SITTING AS THE REFUGEE REVIEW TRIBUNAL AND MR ADOLFO GENTILE IN HIS CAPACITY AS SENIOR MEMBER OF THE REFUGEE REVIEW TRIBUNAL

V778 OF 2003

MARSHALL J

8 DECEMBER 2003

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V778 OF 2003

BETWEEN: APPLICANT M1009/2003

APPLICANT

AND: THE HONOURABLE PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA

FIRST RESPONDENT

J VRACHNAS SITTING AS THE REFUGEE REVIEW TRIBUNAL AND MR ADOLFO GENTILE IN HIS CAPACITY AS SENIOR MEMBER OF THE REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENTS

JUDGE: MARSHALL J

DATE OF ORDER: 8 DECEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed as disclosing no reasonable cause of action.

2. The respondents' motion otherwise be dismissed.

3. The applicant pay the respondents' costs of the application, including the costs of the motion. 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 V778 OF 2003

BETWEEN: APPLICANT M1009/2003

APPLICANT

AND: THE HONOURABLE PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA

RESPONDENT

J VRACHNAS SITTING AS THE REFUGEE REVIEW TRIBUNAL AND MR ADOLFO GENTILE IN HIS CAPACITY AS SENIOR MEMBER OF THE REFUGEE REVIEW TRIBUNAL