M76 of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1103

FEDERAL COURT OF AUSTRALIA

M76 of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1103 IN THE MATTER of an application for writs of prohibition and certiorari

M76 OF 2004 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS, KIM BOYD sitting as the REFUGEE REVIEW TRIBUNAL and STEVE KARAS in his capacity as Principal Member of the REFUGEE REVIEW TRIBUNAL VID 117 of 2005 RYAN J 12 AUGUST 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 117 of 2005

On remittal from the High Court of Australia

IN THE MATTER of

an application for writs of prohibition and certiorari

BETWEEN: M76 of 2004

Applicants

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

KIM BOYD sitting as the Refugee Review Tribunal

and

STEVE KARAS in his capacity as Principal Member of the Refugee Review Tribunal

Second Respondents

JUDGE: RYAN J

DATE OF ORDER: 12 AUGUST 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. An order nisi be made in terms of the draft order nisi filed in the High Court on 14 April 2004.

2. The said order nisi be discharged.

3. The applicants pay the respondents' costs, to be taxed in default of agreement.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 117 of 2005

On remittal from the High Court of Australia

IN THE MATTER of

an application for writs of prohibition and certiorari

BETWEEN: M76 OF 2004

Applicants

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS