S330 v Refugee Review Tribunal [2005] FCA 1605

FEDERAL COURT OF AUSTRALIA S330 v Refugee Review Tribunal [2005] FCA 1605 APPLICANT S330 v REFUGEE REVIEW TRIBUNAL & ORS NSD 2439 OF 2003 EMMETT J SYDNEY 9 NOVEMBER 2005

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2439 OF 2003

BETWEEN: APPLICANT S330

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

SECOND RESPONDENT

COMMONWEALTH OF AUSTRALIA

THIRD 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 2439 OF 2003

BETWEEN: APPLICANT S330

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

SECOND RESPONDENT

COMMONWEALTH OF AUSTRALIA

THIRD RESPONDENT

JUDGE: EMMETT J

DATE: 9 NOVEMBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicants are citizens of the Republic of Korea ('South Korea'). In October 1994, the applicants applied for protection visas under the Migration Act 1958 (Cth) ('the Act'). On 17 February 1997, a delegate of the Minister for Immigration and Multicultural Affairs made a decision refusing that application. On 12 March 1997, the applicants lodged an application for review by the Tribunal of the delegate's decision. On 24 March 1998, the Tribunal affirmed the delegate's decision not to grant the applicants a protection visa.