FEDERAL COURT OF AUSTRALIA S448 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 499 S448 OF 2003 v Minister for Immigration & Multicultural & INDIGENOUS Affairs & ORS N 2536 OF 2003 EMMETT J 9 FEBRUARY 2004 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N 2536 OF 2003 ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA BETWEEN: S448 OF 2003 APPLICANT AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS FIRST RESPONDENT PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT PAUL WHITE, MEMBER OF THE REFUGEE REVIEW TRIBUNAL THIRD RESPONDENT JUDGE: EMMETT J DATE OF ORDER: 9 FEBRUARY 2004 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. the application for an order nisi be refused. 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 2536 OF 2003 ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA BETWEEN: S448 OF 2003 APPLICANT AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS FIRST RESPONDENT PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT PAUL WHITE, MEMBER OF THE REFUGEE REVIEW TRIBUNAL THIRD RESPONDENT JUDGE: EMMETT J DATE: 9 FEBRUARY 2004 PLACE: SYDNEY REASONS FOR JUDGMENT 1 On 6 August 2003 the applicant filed a draft order nisiin the High Court of Australia supported by an affidavit sworn on 25 July 2003. The applicant sought relief in respect of a decision of the Refugee Review Tribunal ('the Tribunal') made on 1 May 2002 affirming a decision of a delegate of the Minister for Immigration & Multicultural & Indigenous Affairs ('the Minister') not to grant a protection visa. That proceeding was remitted to this Court by Heydon J on 12 November 2003. 2 The affidavit in support of the application discloses no basis upon which any relief could be granted in respect of the decision. I am informed by the solicitor for the Minister that on 12 September 2002 an application for review of the decision of the Tribunal was dismissed by consent. 3 In the circumstances I consider that it is appropriate to refuse an order nisi. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett. Associate: Dated: 27 April 2004 Counsel for the Applicant: The applicant appeared in person Solicitor for the Respondent: Sparke Helmore Date of Hearing: 9 February 2004 Date of Judgment: 9 February 2004