Applicant S56 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 444

FEDERAL COURT OF AUSTRALIA

Applicant S56 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 444 MIGRATION – absence of evidence as to what documents secretary considered relevant under s 418(3) Judiciary Act 1903 (Cth) s 44 Migration Act 1958 (Cth) s 418 Federal Court Rules O51A r5

Muin v Refugee Review Tribunal (2002) 76 ALJR 966 considered NADR v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 293 applied NADZ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 118 at [14] applied Re Minister for Immigration & Multicultural Affairs; ex parte Lam (2003) 77 ALJR 699 referred to SDAN v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 351 applied VAS v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 350 referred to APPLICANT S56 OF 2002 v REFUGEE REVIEW TRIBUNAL AND MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 207 OF 2003 JACOBSON J 16 APRIL 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 207 of 2003

BETWEEN: APPLICANT S56 OF 2002

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 16 APRIL 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for an order nisi be refused 2. The applicant pay the respondents' costs. 3. The time for filing an application for leave to appeal extended to 21 days from 16 April 2004. 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 207 of 2003