Applicant S230/2003 v Refugee Review Tribunal [2005] FCA 1189

FEDERAL COURT OF AUSTRALIA

Applicant S230/2003 v Refugee Review Tribunal [2005] FCA 1189 APPLICANT S230/2003 v REFUGEE REVIEW TRIBUNAL, SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and MINISTER OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1006 OF 2003 MADGWICK J 25 AUGUST 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1006 OF 2003

BETWEEN: APPLICANT S230/2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

THIRD RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 25 AUGUST 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be declined. 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 N 1006 OF 2003

BETWEEN: APPLICANT S230/2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

THIRD RESPONDENT

JUDGE: MADGWICK J

DATE: 25 AUGUST 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT

Madgwick J: 1 This is an application remitted by the High Court seeking an order nisi for the issue of Constitutional writs. 2 Neither the materials filed in support of the application nor the applicant's submissions show an arguable case for the making of such an order. 3 I therefore decline to make an order nisi. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick.