Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant S265 of 2003 v Refugee Review Tribunal [2005] FCA 1733
APPLICANT S265 OF 2003 v REFUGEE REVIEW TRIBUNAL AND MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 2053 of 2005
WILCOX J 23 NOVEMBER 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2053 of 2005
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: APPLICANT S265 OF 2003
APPLICANT
AND: REFUGEE REVIEW TRIBUNAL
AND: FIRST RESPONDENT
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
SECOND RESPONDENT
JUDGE: WILCOX J
DATE OF ORDER: 23 NOVEMBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for leave to appeal be dismissed. 2. The applicant pay the respondent's costs fixed at $450.00. 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 2053 of 2005
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: APPLICANT S265 OF 2003
APPLICANT
AND: REFUGEE REVIEW TRIBUNAL
AND: FIRST RESPONDENT
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
SECOND RESPONDENT
JUDGE: WILCOX J
DATE: 23 NOVEMBER 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT WILCOX J: 1 This is an application for leave to appeal against refusal of an order nisi by Conti J. 2 A previous challenge to the Tribunal's decision, given in April 1999, was dismissed by Whitlam J on 20 August 1999. His judgment was upheld by a Full Court on 18 February 2000. The applicant was represented by counsel before Whitlam J and by senior counsel before the Full Court. 3 This is clearly an attempt to relitigate the same subject matter as the previous proceeding. 4 I propose to dismiss the application for leave to appeal. 5 I will order the applicant to pay the respondent's costs fixed at $450.00. I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox.
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