FEDERAL COURT OF AUSTRALIA S1741 of 2003 v Refugee Review Tribunal [2004] FCA 871 S1741 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2371 OF 2003 S1744 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2374 OF 2003 S1748 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2378 OF 2003 S1751 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2381 OF 2003 S1055 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2692 OF 2003 EMMETT J 30 APRIL 2004 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA N2371 OF 2003 BETWEEN: S1741 OF 2003 APPLICANT AND: REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT JUDGE: EMMETT J DATE OF ORDER: 30 APRIL 2004 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. Order 51A r 5(1) of the Federal Court Rules not apply. 2. The Order nisi be refused. 3. The applicant pay the Minister's costs of the proceeding. 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 ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA N2374 OF 2003 BETWEEN: S1744 OF 2003 APPLICANT AND: REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT JUDGE: EMMETT J DATE OF ORDER: 30 APRIL 2004 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. Order 51A r 5(1) of the Federal Court Rules not apply. 2. The Order nisi be refused. 3. The applicant pay the Minister's costs of the proceeding. 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 ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA N2378 OF 2003 BETWEEN: S1748 OF 2003 APPLICANT AND: REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT JUDGE: EMMETT J DATE OF ORDER: 30 APRIL 2004 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. Order 51A r 5(1) of the Federal Court Rules not apply. 2. The Order nisi be refused. 3. The applicant pay the Minister's costs of the proceeding. 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 ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA N2381 OF 2003 BETWEEN: S1751 OF 2003 APPLICANT AND: REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT JUDGE: EMMETT J DATE OF ORDER: 30 APRIL 2004 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. Order 51A r 5(1) of the Federal Court Rules not apply. 2. The Order nisi be refused. 3. The applicant pay the Minister's costs of the proceeding. 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 ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA N2692 OF 2003 BETWEEN: S1055 OF 2003 APPLICANT AND: REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT JUDGE: EMMETT J DATE OF ORDER: 30 APRIL 2004 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. Order 51A r 5(1) of the Federal Court Rules not apply. 2. The Order nisi be refused. 3. The applicant pay the Minister's costs of the proceeding. 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 ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA N2371 OF 2003 BETWEEN: S1741 OF 2003 APPLICANT AND: REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT N2374 OF 2003 BETWEEN: S1744 OF 2003 APPLICANT AND: REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT N2378 OF 2003 BETWEEN: S1748 OF 2003 APPLICANT AND: REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT N2381 OF 2003 BETWEEN: S1751 OF 2003 APPLICANT AND: REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT N2692 OF 2003 BETWEEN: S1055 OF 2003 APPLICANT AND: REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT JUDGE: EMMETT J DATE: 30 APRIL 2004 PLACE: SYDNEY REASONS FOR JUDGMENT 1 The proceedings numbered 2371 of 2003, 2374 of 2003, 2378 of 2003, 2381 of 2003 and 2692 of 2003 were commenced in the High Court of Australia by filing a draft order nisi and an affidavit by Mr Jyoti Bharati, a solicitor for the applicants. In each case the draft order nisi sought prerogative writ relief in respect of a decision of the Refugee Review Tribunal ('the Tribunal') failing a decision of the Minister for Immigration & Multicultural & Indigenous Affairs ('the Minister') refusing a protection visa to the applicant. 2 When the matters were called over today the solicitor informed the Court that he has no contact and no instructions for the applicants and asked for an adjournment in order to endeavour to make contact. He was unable to indicate how that would happen and on the face of it, it appears unlikely that he will be able to contact any of those applicants. The affidavit provides no evidence that would support any relief claimed in the draft order nisi. The Minister, therefore, asks that the Court refuse orders nisi at this stage. 3 There appears to me to be no utility in granting further time. Nothing has happened for nearly twelve months. It is appropriate therefore to refuse the 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: 5 July 2004 Solicitor for the Applicant: Bharati Solicitors Solicitor for the Respondent: Australian Government Solicitor Date of Hearing: 30 April 2004 Date of Judgment: 30 April 2004