Applicant M145/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1598

FEDERAL COURT OF AUSTRALIA

Applicant M145/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1598 Applicant M115/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1448, followed

APPLICANT M145/2003 v THE HONOURABLE PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA AND NORMA FORD SITTING AS THE REFUGEE REVIEW TRIBUNAL

V739 OF 2003

MARSHALL J 8 DECEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V739 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: APPLICANT M145/2003

APPLICANT

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

FIRST RESPONDENT

NORMA FORD SITTING AS THE REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

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 V739 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: APPLICANT M145/2003

APPLICANT

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

FIRST RESPONDENT