Applicant S355 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 27

FEDERAL COURT OF AUSTRALIA

Applicant S355 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 27 APPLICANT S355 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N1409 OF 2003 EMMETT J 23 JANUARY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1409 OF 2003

BETWEEN: APLICANT S355 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

ROSLYN SMIDT, MEMBER OF THE REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 23 JANUARY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the hearing on 5 February 2004 be vacated; 2. the first respondent give access to the applicant's solicitors to the relevant documents no later than 29 January 2004; 3. the applicant file and serve, no later than 4 February 2004, any further affidavits on which he intends to rely, together with a statement of any documentary evidence on which he intends to rely; 4. the proceeding be listed for directions on 5 February 2004 before Emmett J. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1409 OF 2003

BETWEEN: APPLICANT S355 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

ROSLYN SMIDT, MEMBER OF THE REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: EMMETT J

DATE: 23 JANUARY 2004

PLACE: SYDNEY