S448 of 2003 v Minister for Immigration & Multicultural& Indigenous Affairs [2004] FCA 499 (9 February 2004)

Last Updated: 30 April 2004

FEDERAL COURT OF AUSTRALIA

S448 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 499

S448 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ORS

N 2536 OF 2003





EMMETT J
9 FEBRUARY 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 2536 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:	S448 OF 2003 APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS FIRST RESPONDENT PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT PAUL WHITE, MEMBER OF THE REFUGEE REVIEW TRIBUNAL THIRD RESPONDENT
JUDGE:	EMMETT J
DATE OF ORDER:	9 FEBRUARY 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. the application for an order nisi be refused.











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	N 2536 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:	S448 OF 2003 APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS FIRST RESPONDENT PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT PAUL WHITE, MEMBER OF THE REFUGEE REVIEW TRIBUNAL THIRD RESPONDENT

JUDGE:	EMMETT J
DATE:	9 FEBRUARY 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1 On 6 August 2003 the applicant filed a draft order nisi in the High Court of Australia supported by an affidavit sworn on 25 July 2003. The applicant sought relief in respect of a decision of the Refugee Review Tribunal (‘the Tribunal’) made on 1 May 2002 affirming a decision of a delegate of the Minister for Immigration & Multicultural & Indigenous Affairs (‘the Minister’) not to grant a protection visa. That proceeding was remitted to this Court by Heydon J on 12 November 2003.

2 The affidavit in support of the application discloses no basis upon which any relief could be granted in respect of the decision. I am informed by the solicitor for the Minister that on 12 September 2002 an application for review of the decision of the Tribunal was dismissed by consent.

3 In the circumstances I consider that it is appropriate to refuse an order nisi.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated: 27 April 2004

Counsel for the Applicant:	The applicant appeared in person
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	9 February 2004
Date of Judgment:	9 February 2004