Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
S382 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 670 S382 OF 2003 v Minister for Immigration & Multicultural & Indigenous Affairs & ORS N 2535 OF 2003 EMMETT J 9 FEBRUARY 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 2535 OF 2003
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
BETWEEN: S382 OF 2003
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT
PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
KIM ROSSER, 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. Order 51A r 5(1) of the Federal Court Rules not apply. 2. The application for an order nisi be refused. 3. The applicant pay the Minister'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 2535 OF 2003
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
BETWEEN: S382 OF 2003
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT
PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
KIM ROSSER, MEMBER OF THE REFUGEE REVIEW TRIBUNAL
THIRD RESPONDENT
JUDGE: EMMETT J
DATE: 9 FEBRUARY 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 On 30 June 2003 the applicant filed in the High Court a draft order nisi and an affidavit sworn on 25 June 2003. The proceeding was commenced for constitutional writ relief in respect of a decision of the Refugee Review Tribunal ('the Tribunal') made on 1 June 2000affirming a decision not to grant a protection visa to the applicant and members of his family. The matter was remitted to this Court by Heydon J on 12 November 2003. The affidavit in support of the draft order nisi disclosed no basis upon which any relief could be granted. 2 When the matter was called on for directions today there was no appearance for the applicant. In the circumstances I propose to refuse an order nisi and to order the applicant to pay the Minister's costs.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate