BZAC v Refugee Review Tribunal [2005] FCA 675

FEDERAL COURT OF AUSTRALIA

BZAC v Refugee Review Tribunal [2005] FCA 675 Federal Court of Australia Act (1976) ss 23, 24(1AAA), 25(2), 25(2B)

NBDW v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 24 cited Westsub Discounts v Idaps Australia Ltd (No 2) (1990) 94 ALR 310 cited Hunter v Chief Constable of West Midlands Police [1982] AC 529 cited Dallhold Investments Pty Ltd (in liq) v Gold Resources Australia Limited (prov liq apptd) (1991) 108 ALR 263 cited Hunter v Leahy [1999] FCA 1075 cited Jackson v Sterling Industries Limited (1987) 162 CLR 612 cited NBDW v MIMIA [2005] FCA 63 dismissed Marchant v GB Radio [2002] FCA 465 cited BZAC OF 2004 V REFUGEE REVIEW TRIBUNAL AND MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS No QUD 122 of 2005 SPENDER J 25 MAY 2005 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 122 OF 2005

BETWEEN: BZAC OF 2004

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 25 MAY 2005

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal be dismissed as incompetent. 2. The applicant pay the costs of the respondent, of and incidental to the appeal, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY qud 122 OF 2005

BETWEEN: BZAC OF 2004

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: SPENDER J