Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant S1430 of 2003 v Minister for Immigration & Citizenship [2007] FCA 1186
APPLICANT S1430 OF 2003 v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 895 OF 2007
EDMONDS J
10 AUGUST 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 895 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: APPLICANT S1430 OF 2003
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: EDMONDS J
DATE OF ORDER: 10 AUGUST 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed. 2. The applicant pay the first respondent's costs fixed in the sum of $3,000. 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 895 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: APPLICANT S1430 OF 2003
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: EDMONDS J
DATE: 10 AUGUST 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 This is an application for leave to appeal from the Federal Magistrates Court (Emmett FM) dismissing an application for judicial review of a decision of the second respondent ('the Tribunal') affirming a decision of a delegate of the first respondent ('the Minister') not to grant the applicant a protection visa.
Previous Proceedings 2 The applicant has challenged the decision not to grant him a protection visa on previous occasions both in this Court and other courts. On 3 October 2000 Sackville J dismissed by consent an application in this Court for review of the Tribunal's decision. The applicant then commenced proceedings in the High Court of Australia joining the class action in Muin v Refugee Review Tribunal (2002) 190 ALR 601 seeking review of the Tribunal's decision. The matter was remitted to this Court and on 20 February 2004 the applicant's draft order nisi was refused. The applicant then sought judicial review of the Tribunal's decision in the Federal Magistrates Court (Raphael FM). The application to that Court was dismissed on 26 October 2004. The applicant then proceeded to file an appeal in this Court with the appeal being dismissed by Tamberlin J on 7 March 2005.
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