S135 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 199

FEDERAL COURT OF AUSTRALIA

S135 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 199 MIGRATION – no point of principle S135 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1154 OF 2004 MOORE J 17 FEBRUARY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1154 OF 2004

BETWEEN: S135 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. The application for leave to appeal be dismissed. 2. The applicant pay the respondent's costs. 3. Costs be fixed at $650.00. THE COURT DIRECTS THAT: 4. No further application be accepted in this Court which is a challenge to the decision of the Refugee Review Tribunal handed down on 23 October 2002 except by 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 1154 OF 2004

BETWEEN: S135 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 leave to appeal against a judgment of Emmett J of 16 July 2004 refusing an application of the applicant for an order nisi for constitutional writs. That application was remitted to this Court by the High Court on 20 August 2003. 2 The applicant arrived in Australia on 13 April 2000 and lodged an application for a protection (class XA) visa on 16 May 2000. A delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") refused to grant the visa on 23 May 2000. The applicant applied for review of that decision to the Refugee Review Tribunal ("the Tribunal") on 2 June 2000. On 23 October 2002 the Tribunal affirmed the decision of the delegate. On 12 December 2002 the applicant applied to this Court for review of the decision of the Tribunal. Branson J dismissed that application on 13 March 2003. On 11 April 2003 the applicant filed a draft order nisi in the High Court which was then remitted to this Court. Emmett J refused that application on 16 July 2004.