Applicants S252 of 2003 v Refugee Review Tribunal [2006] FCA 374

FEDERAL COURT OF AUSTRALIA

Applicants S252 of 2003 v Refugee Review Tribunal [2006] FCA 374 APPLICANTS S252 OF 2003 v REFUGEE REVIEW TRIBUNAL and MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1056 OF 2003 EDMONDS J 11 APRIL 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1056 OF 2006

BETWEEN: APPLLICANTS S252/2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: EDMONDS J

DATE OF ORDER: 4 APRIL 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for an order nisi be dismissed. 2. The applicants pay the second respondent's 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 1056 OF 2006

BETWEEN: APPLLICANTS S252/2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: EDMONDS J

DATE: 11 APRIL 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT EDMONDS J:

Introduction 1 These proceedings were commenced by the filing of a draft order nisi in the High Court of Australia on 30 May 2003. The application for an order nisi was subsequently remitted to this Court. 2 An affidavit was also filed in the High Court on 30 May 2003 and a document entitled 'Applicant's submissions' filed in this Court on 10 December 2004. I understand that these documents set out the case which the applicants seek to advance. 3 There is no reason why the Court should not proceed under O 51A r 5 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.