Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
S1689 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 198 MIGRATION – no point of principle S1689 of 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1864 OF 2004 MOORE J 17 FEBRUARY 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1864 OF 2004
BETWEEN: S1689 OF 2003
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 17 FEBRUARY 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. That the application filed on 14 December 2004 be dismissed. 2. That the applicant pay the costs of the respondent. 3. Costs be fixed at $650. THE COURT DIRECTS THAT: 4. That no further application be permitted to be filed challenging the decision of the Refugee Review Tribunal handed down on 1 June 2000 without leave of the court. 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 1864 OF 2004
BETWEEN: S1689 OF 2003
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 17 FEBRUARY 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT (Ex Tempore – Revised) 1 This is an application for an extension of time to seek leave to appeal against orders of Emmett J made 20 February 2004 refusing an application for an order nisi and ordering that O 51A r 5(1) of the Federal Court Rules not apply. 2 The applicant, who is a citizen of Bangladesh, arrived in Australia on 4 May 1998. He lodged an application for a protection visa (class AZ) with the Department of Immigration and Multicultural Affairs on 16 June 1998. On 30 June 1998 a delegate of the Minister for Immigration and Multicultural and Affairs ("the Minister") refused to grant the visa. On 29 July 1998 the applicant applied for review of that decision to the Refugee Review Tribunal ("the Tribunal"). The Tribunal affirmed the decision of the delegate not to grant the visa on 1 June 2000.
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