Applicant S303/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1190

FEDERAL COURT OF AUSTRALIA

Applicant S303/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1190 APPLICANT S303/2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS, PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL and MEMBER OF THE REFUGEE REVIEW TRIBUNAL N 2453 OF 2003 MADGWICK J 25 AUGUST 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 2453 OF 2003

BETWEEN: APPLICANT S303/2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

MEMBER OF THE REFUGEE REVIEW TRIBUNAL

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 2453 OF 2003

BETWEEN: APPLICANT S303/2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

MEMBER OF THE REFUGEE REVIEW TRIBUNAL

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 issues of Constitutional writs. 2 Neither the materials filed in support of the application nor the applicant's submissions show any 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.