Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
S124 of 2004 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1417
MIGRATION – no point of principle
Migration Act 1958 (Cth) S124 OF 2004 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL AND D KELLEGHAN, MEMBER OF THE REFUGEE REVIEW TRIBUNAL NSD 831 OF 2004 MOORE J 3 NOVEMBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 831 OF 2004
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
BETWEEN: S124 of 2004
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT
PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
D KELLEGHAN, MEMBER OF THE REFUGEE REVIEW TRIBUNAL
THIRD RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 3 NOVEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for an order nisi be dismissed. 2. The applicant pay the respondent'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 NSD 831 OF 2004
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
BETWEEN: S124 of 2004
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT
PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
D KELLEGHAN, MEMBER OF THE REFUGEE REVIEW TRIBUNAL
THIRD RESPONDENT
JUDGE: MOORE J
DATE: 3 NOVEMBER 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for constitutional writs in relation to a decision of the Refugee Review Tribunal ("the Tribunal") of 24 June 2002. The Tribunal affirmed the decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") not to grant the applicant a protection visa. The application for constitutional writs (taking the form of an application for an order nisi) was filed in the High Court on 2 April 2004 and remitted to this Court by Gleeson CJ on 10 May 2004. The applicant had earlier brought other proceedings in relation to the Tribunal's decision. They will be mentioned below.
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