Applicant S209 of 2003 v Refugee Review Tribunal [2006] FCA 145

FEDERAL COURT OF AUSTRALIA

Applicant S209 of 2003 v Refugee Review Tribunal [2006] FCA 145 APPLICANT S209 OF 2003 v REFUGEE REVIEW TRIBUNAL and MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 992 OF 2003 EDMONDS J 27 FEBRUARY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 992 OF 2003

BETWEEN: APPLICANT S209 OF 2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: EDMONDS J

DATE OF ORDER: 27 FEBRUARY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondents' costs.

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 992 OF 2003

BETWEEN: APPLICANT S209 OF 2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: EDMONDS J

DATE: 27 FEBRUARY 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT

Edmonds J:

Introduction 1 This is an application for an order nisi on remittal from the High Court of Australia in relation to a decision of the first respondent, the Refugee Review Tribunal ('the Tribunal'), made on 5 June 2000 affirming the decision of a delegate of the second respondent on 9 November 1998 not to grant the applicant a protection visa. 2 The parties were agreed that there was no apparent reason why the Court should not proceed under O 51A r 5 of the Federal Court Rules to consider at the same time the issues whether an order nisi should be granted and whether, if such an order is granted, it should be made absolute. 3 At the commencement of the hearing, I gave the applicant leave to file an amended application removing the Commonwealth as a party and substituting the Minister for the Secretary of the Department of Immigration and Multicultural and Indigenous Affairs as second respondent ('the Minister').