FEDERAL COURT OF AUSTRALIA Applicant S335 of 2003 v Refugee Review Tribunal [2005] FCA 1185 APPLICANT S335 OF 2003 v REFUGEE REVIEW TRIBUNAL and MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 2466 of 2003 WILCOX J 25 AUGUST 2005 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NSD 2466 of 2003 ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA BETWEEN: APPLICANT S335 OF 2003 APPLICANT AND: REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS SECOND RESPONDENT JUDGE: WILCOX J DATE OF ORDER: 25 AUGUST 2005 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. Subrule (1) of Order 51A rule 5 not apply to this application. 2. The application for an order nisi be refused. 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 2466 of 2003 ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA BETWEEN: APPLICANT S335 OF 2003 APPLICANT AND: REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS SECOND RESPONDENT JUDGE: WILCOX J DATE: 25 AUGUST 2005 PLACE: SYDNEY REASONS FOR JUDGMENT WILCOX J: 1 I have considered the papers filed in this case including the applicant's submissions. Having considered the decision of the Refugee Review Tribunal I do not think that any of the grounds referred to by the applicant is fairly arguable in this case. Accordingly it would be inappropriate to grant an order nisi. 2 I propose to order that subrule (1) of Order 51A rule 5 not apply to this case and that the application for an order nisi be refused. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox. Associate: Dated: 25 August 2005