Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
S451 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 256
MIGRATION – no point of principle
Migration Act 1958 (Cth) S451 of 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 373 of 2003 MOORE J 18 MARCH 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 373 OF 2003
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
BETWEEN: S451 OF 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT
RUTH CHEETHAM, MEMBER OF THE REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
THE PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
THIRD RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 18 MARCH 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for the order nisi be dismissed. 2. The applicant pay the respondent's costs. 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 N 373 OF 2003
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
BETWEEN: S451 OF 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT
RUTH CHEETHAM, MEMBER OF THE REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
THE PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
THIRD RESPONDENT
JUDGE: MOORE J
DATE: 18 MARCH 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for constitutional writs concerning a decision of the Refugee Review Tribunal ('the Tribunal') of 24 January 2001 affirming a decision of a delegate of the Minister for Immigration and Multicultural Affairs ('the Minister') of 29 January 1998 refusing to grant the applicants protection visas under the Migration Act 1958 (Cth) ('the Act'). The application was originally filed in the High Court of Australia but remitted to this Court by an order made by Gaudron J on 6 February 2003. In earlier proceedings in this Court, the applicants sought a review of the decision of the Tribunal pursuant to subs 476(1) of the Act. Whitlam J dismissed that application on 24 May 2002. An appeal against that judgment was dismissed by a Full Court on 11 November 2002.
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