Applicant A215 of 2003 v Refugee Review Tribunal [2004] FCA 377

FEDERAL COURT OF AUSTRALIA

Applicant A215 of 2003 v Refugee Review Tribunal [2004] FCA 377 APPLICANT A215 OF 2003 v REFUGEE REVIEW TRIBUNAL AND SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 764 OF 2003 LANDER J ADELAIDE 22 MARCH 2004

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 764 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: APPLICANT A215 OF 2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: LANDER J

DATE OF ORDER: 22 MARCH 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The applicant's application for the issue of the constitutional writs be dismissed. 2. The applicant pay the respondents' costs. 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 764 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: APPLICANT A215 OF 2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: LANDER J

DATE: 22 MARCH 2004

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 On 30 May 2003 the applicant brought proceedings in the High Court of Australia seeking the issue of the constitutional writs directed to the Refugee Review Tribunal in relation to a decision made by that Tribunal on 26 September 1996. The matter was remitted by the High Court to this Court for hearing. The matter first came before me on 3 November 2003 when I made the following orders: '3. The applicant file and serve: