Applicant M84 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 749

FEDERAL COURT OF AUSTRALIA

Applicant M84 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 749 Re Minister for Immigration and Multicultural Affairs; Ex parte A (2001) 185 ALR 489 Applicant M115/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1448 Décor Corporation v Dart Industries (1991) 33 FCR 397 APPLICANT M84 OF 2003 v MINISTER FOR IMMIGRATION AND INDIGENOUS AND MULTICULTURAL AFFAIRS V 373 OF 2004

SUNDBERG J 30 APRIL 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 373 OF 2004

BETWEEN: APPLICANT M84 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 30 APRIL 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application for leave to appeal be dismissed. 2. The applicant pay the respondent's costs of the application.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 373 OF 2004

BETWEEN: APPLICANT M84 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SUNDBERG J

DATE: 30 APRIL 2004

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 Application for leave to appeal from the decision of the Federal Magistrates Court dismissing an application for constitutional writs directed to the Refugee Review Tribunal in respect of its affirmation of the respondent's decision to refuse the applicant a protection visa. 2 The application is supported by an affidavit deposing that the applicant is a Sri Lankan who applied for refugee status on 8 March 1996. The application was refused. The decision of the respondent was affirmed by the Refugee Review Tribunal. He says he joined in the Muin proceedings in the High Court, and filed his application in that Court on 8 May 2003. The affidavit concludes: "I disagree with the decision of the Federal Magistrate dated 18 March 2004. I believe that his Honour failed to consider my case properly."