Applicant A168 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 250

FEDERAL COURT OF AUSTRALIA

Applicant A168 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 250

Migration Act 1958 (Cth) s 36 Plaintiff S157/2002 v Commonwealth of Australia (1993) 211 CLR 476 followed Applicant A105 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 214 referred to Minister for Immigration & Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 followed Applicant A125 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 213 referred to Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1; [2001] HCA 30 referred to Craig v South Australia (1995) 184 CLR 163 referred to APPLICANT A168 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS, SUSAN MCILLHATTON, MEMBER, REFUGEE REVIEW TRIBUNAL & PRINCIPAL MEMBER, REFUGEE REVIEW TRIBUNAL S 736 of 2003 MANSFIELD J 12 MARCH 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 736 OF 2003

BETWEEN: APPLICANT A168 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

SUSAN MCILLHATTON, MEMBER, REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER, REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT JUDGE: MANSFIELD J

DATE OF ORDER: 12 MARCH 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. Applicant pay to the respondent 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

SOUTH AUSTRALIA DISTRICT REGISTRY S 736 OF 2003

BETWEEN: APPLICANT A168 OF 2003

APPLICANT