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. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett. Associate: Dated: 31 May 2004 Counsel for the Applicant: The applicant did not appear Solicitor for the Respondent: Australian Government Solicitor Date of Hearing: 9 February 2004 Date of Judgment: 9 February 2004