Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
A305 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 414 A305 OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 269 OF 2004 TAMBERLIN J SYDNEY 29 MARCH 2004
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N269 OF 2004
BETWEEN: A305 OF 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: TAMBERLIN J
DATE OF ORDER: 29 MARCH 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for leave to appeal is refused. 2. The applicant to pay the respondent's cost of this application. 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 269 of 2004
BETWEEN: A305 OF 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: TAMBERLIN J
DATE: 29 MARCH 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 In this matter the applicant filed an affidavit on 19 November 2002 in the High Court, seeking an order nisi for writs of mandamus, prohibition and certiorari. On 7 February 2003, his Honour Justice Hayne remitted the matter to the Federal Court. On 25 July 2003, the matter was transferred to the New South Wales Registry of the Federal Court. 2 The application for the order nisi was heard and refused by her Honour Justice Bennett on 19 February 2004. On 2 March 2004, the applicant filed a document entitled Notice of Appeal, however, because a judgement refusing to issue an order nisi is an interlocutory judgement, the applicant requires leave to appeal. That is the question presently before me. 3 The matter is proceeding on the basis that the Notice of Appeal is to be treated as an application for leave. The only ground raised in the Notice of Appeal is that the Court has "failed in finding out an error of law and denial of natural justice in the decision of the [Refugee Review Tribunal]."
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