Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
S449 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1765 S449 OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N1102 OF 2004 EMMETT J 3 AUGUST 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1102 OF 2004
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
BETWEEN: S449 OF 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 3 AUGUST 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The notice of motion filed today be dismissed. 2. The application for extension of time to file and serve the notice of appeal of 15 July be dismissed. 3. The applicant pay the Minister's costs on the notice of motion and on the application for extension of time. 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 N1102 OF 2004
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
BETWEEN: S449 OF 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: EMMETT J
DATE: 3 AUGUST 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant claims to be a citizen of Pakistan. He arrived in Australia on 14 October 1999, and on 28 October 1999 he lodged an application for a Protection Class XA Visa under the Migration Act 1958 (Cth). On 20 January 2000, a delegate of the respondent, the Minister for Immigration and Multicultural and Indigenous Affairs ('the Minister'), refused to grant a protection visa and, on 11 February 2000, the applicant applied to the Refugee Review Tribunal ('the Tribunal') for a review of that decision. On 3 May 2002, the Tribunal affirmed the decision not to grant a protection visa. The Tribunal handed down the decision on 29 May 2002. 2 On 4 December 2002, the applicant commenced a proceeding in the High Court seeking constitutional writ relief in respect of the Tribunal's decision. The proceeding was commenced by filing an affidavit, to which there was exhibited a draft order nisi and the reasons of the Tribunal. The grounds asserted in the draft order nisi were as follows: '(a) a breach of the rules of natural justice occurred in connection with the making of the Decision.
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