S232 of 2003 v Refugee Review Tribunal [2005] FCA 1586

FEDERAL COURT OF AUSTRALIA S232 of 2003 v Refugee Review Tribunal [2005] FCA 1586 APPLICANT S232 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR NSD 1008 OF 2003 EMMETT J 9 NOVEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1008 OF 2003

BETWEEN: APPLICANT S232 OF 2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 9 NOVEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Order 51A rule 5(1) not apply to the proceeding. 2. The application for orders 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 1008 OF 2003

BETWEEN: APPLICANT S232 OF 2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: EMMETT J

DATE: 9 NOVEMBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant is a citizen of Bangladesh. On 18 December 1998, the applicant lodged an application for a protection visa under the Migration Act 1958 (Cth) ('the Act'). On 28 January 1999, a delegate of the Minister for Immigration and Multicultural Affairs refused the application. On 16 February 1999, the applicant applied to the Refugee Review Tribunal ('the Tribunal') for review of the delegate's decision. The applicant attended a hearing before the Tribunal on 10 May 2000. On 26 May 2000, the Tribunal affirmed the delegate's decision. 2 The applicant commenced a proceeding in the High Court of Australia by filing a draft order nisi on 28 May 2003, together with an affidavit affirmed on 27 May 2003. The matter was remitted to this Court pursuant to an order of the High Court following the decision of Muin v Refugee Review Tribunal [2002] HCA 30. 3 On 12 November 2004, the District Registrar of the Federal Court wrote to the applicant, inviting him to make written submissions on the question of whether there is an arguable case for the grant of the relief claimed by the draft order nisi in the material before the Court. There has been no response to that letter. In the circumstances, it is appropriate that the application for an Order nisi be dealt with without any oral hearing or argument and for Order 51A rule 5(1) of the Federal Court Rules to be dispensed with (see Applicant s195 of 2003 v Refugee Review Tribunal [2005] FCA 1571). 4 The grounds upon which relief was claimed in the draft order nisi were as follows: '(a) the respective member of the first respondent did not follow the proper procedure as required by the Migration Act 1958. Thus the procedures that were required by the Act or the regulations to be observed in connection with the making of the decision were not observed.