Applicant S227/2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 983

FEDERAL COURT OF AUSTRALIA

Applicant S227/2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 983 APPLICANT S227/2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS, PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL AND DINOO KELLEGHAN MEMBER OF THE REFUGEE REVIEW TRIBUNAL NSD 1003 OF 2003

COWDROY J

2 AUGUST 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1003 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA BETWEEN: APPLICANT S227/2003

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

Second Respondent

DINOO KELLEGHAN MEMBER OF THE REFUGEE REVIEW TRIBUNAL

Third Respondent

JUDGE: COWDROY J

DATE OF ORDER: 2 AUGUST 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The applicant pay the first respondent's costs in the amount of $2,200. 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 1003 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA BETWEEN: APPLICANT S227/2003

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

Second Respondent

DINOO KELLEGHAN MEMBER OF THE REFUGEE REVIEW TRIBUNAL

Third Respondent

JUDGE: COWDROY J

DATE: 2 AUGUST 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT

HISTORY OF PROCEEDINGS 1 These proceedings, which seek an order nisi, have been remitted to this Court by the High Court of Australia. They relate to a decision by the Refugee Review Tribunal on 26 June 2000 to refuse the applicant's application for a protection visa. No evidence has been adduced relating to the history of the current proceedings since the decision of the Tribunal. However, the submissions of the first respondent have provided an outline from which the following facts are drawn. 2 Subsequent to the decision of the Tribunal, the applicant joined representative proceedings in the High Court of Australia, known as the Lie class action (see Muin v Refugee Review Tribunal and Ors (S36 of 1999) (2002) 190 ALR 601). On 27 May 2003 the applicant commenced the current proceedings in the High Court of Australia, pursuant to orders made in the Lie class action, seeking orders of mandamus and certiorari and injunctive relief.