REASONS FOR JUDGMENT
1 In Applicant M115/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1448 the Court made the following orders:
- The application be dismissed as disclosing no reasonable cause of action.
- The respondents' motion otherwise be dismissed.
- The applicant pay the respondents' costs of the application, including the costs of the motion.
These reasons for judgment should be read together with those in Applicant M115/2003.
2 As in Applicant M115/2003 the respondent filed a notice of motion to dismiss the proceeding. The facts and circumstances of this matter are materially indistinguishable from those in Applicant M115/2003. The applicants did not contend otherwise.
3 The draft order nisi is in the same form as in Applicant M115/2003. Consent orders of the type made in Applicant M115/2003 were also made in this matter. The applicants filed "contentions of law" but did not file any affidavit material illustrating how it would have made a difference to their case before the Refugee Review Tribunal ("the Tribunal") if they had been appraised of adverse country information before it decided their applications for protection visas; assuming that they were not, in fact, so informed by the Tribunal.
4 Accordingly it is appropriate to make the same orders in the motion in this matter as in Applicant M115/2003.