S1816 of 2003 v Refugee Review Tribunal [2005] FCA 1608

FEDERAL COURT OF AUSTRALIA S1816 of 2003 v Refugee Review Tribunal [2005] FCA 1608 APPLICANT S1816 OF 2003 v REFUGEE REVIEW TRIBUNAL & ORS NSD 2411 OF 2003 EMMETT J SYDNEY 9 NOVEMBER 2005

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2411 OF 2003

BETWEEN: APPLICANT S1816

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 2411 OF 2003

BETWEEN: APPLICANT S1816

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 applicant is a citizen of the People's Republic of China ('China'). On 15 September 1999, he lodged an application for a protection visa under the Migration Act 1958 (Cth) ('the Act'). On 4 January 2000, a delegate of the Minister for Immigration and Multicultural Affairs ('the Minister') refused the application. On 3 February 2000, the applicant applied to the Refugee Review Tribunal ('the Tribunal') for review of the delegate's decision. On 27 June 2000, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa.