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[2004] FCA 872
Federal Court of Australia
2004-07-01
Original judgment source is linked above.
S1775 of 2003 v Refugee Review Tribunal [2004] FCA 872 S1775 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2326 OF 2003 S178 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N961 OF 2003 S186 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N964 OF 2003 S187 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N965 of 2003 S188 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N966 OF 2003 S189 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N967 OF 2003 S1000 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2301 of 2003 S1003 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2302 OF 2003 S1008 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2303 OF 2003 S1020 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2304 of 2003 S1019 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2305 OF 2003 S1034 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2306 OF 2003 S1036 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2307 OF 2003 S1038 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2308 OF 2003 S1042 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2309 OF 2003 S1043 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2310 OF 2003 S1760 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2311 OF 2003 S1761 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2312 OF 2003 S1762 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2313 OF 2003 S1763 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2314 OF 2003 S1764 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2315 OF 2003 S1765 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2316 OF 2003 S1766 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2317 OF 2003 S1767 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2318 OF 2003 S1768 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2319 OF 2003 S1770 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2321 OF 2003 S1771 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2322 OF 2003 S1772 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2323 OF 2003 S1773 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2324 OF 2003 S1774 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2325 OF 2003 S1776 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2327 OF 2003 S1778 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2328 OF 2003 S1779 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2329 OF 2003 S1781 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2331 OF 2003 S1782 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2332 OF 2003 S1804 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2333 OF 2003 S1805 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2334 OF 2003 S1806 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2335 OF 2003 S1807 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2336 OF 2003 S1808 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2337 OF 2003 S1809 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2338 OF 2003 S1810 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2339 OF 2003 S1842 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2340 OF 2003 S1843 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2341 OF 2003 S1844 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2342 OF 2003 S1845 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2343 OF 2003 S1850 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2344 OF 2003 S1851 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2345 OF 2003 S1853 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2346 OF 2003 S1855 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2347 OF 2003 S1856 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2348 OF 2003 S1857 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2349 OF 2003 S345 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2478 OF 2003 S1848 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2572 OF 2003 S1849 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2573 OF 2003 S1852 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2574 OF 2003 S1854 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2575 OF 2003 S1858 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2576 OF 2003 S1009 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2603 OF 2003 S1839 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2643 OF 2003 S1840 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2644 OF 2003 S1846 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2646 OF 2003 S1847 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2647 OF 2003 S1968 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2658 OF 2003 S1966 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2659 OF 2003 S1967 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2660 OF 2003 S1860 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2702 OF 2003 S1861 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2703 OF 2003 S1862 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2704 OF 2003 S378 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2705 OF 2003 S1001 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2708 OF 2003 S1002 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2709 OF 2003 S1004 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2710 OF 2003 S1005 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2711 OF 2003 S1006 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2712 OF 2003 S1007 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2713 OF 2003 S1010 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2714 OF 2003 S1011 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2715 OF 2003 S1012 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2716 OF 2003 S1014 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2718 OF 2003 S1015 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2719 OF 2003 S1016 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2720 OF 2003 S1018 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2722 OF 2003 S1033 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2723 OF 2003 S1037 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2725 OF 2003 S1039 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2726 OF 2003 S1040 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2727 OF 2003 S1041 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2728 OF 2003 S1044 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2729 OF 2003 EMMETT J 30 APRIL 2004 SYDNEY
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA BETWEEN: S186 OF 2003
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA BETWEEN: S188 OF 2003
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA BETWEEN: S1019 OF 2003
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
THE COURT ORDERS THAT:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
REASONS FOR JUDGMENT 1 Each of these matters was commenced in the High Court of Australia by filing an affidavit of the applicant's solicitor annexing a draft order nisi and a copy of the reasons for decision of the Refugee Review Tribunal ('the Tribunal'). The order nisi seeks constitutional writ relief in respect of the decision whereby the Tribunal affirmed a decision of the Minister for Immigration & Multicultural & Indigenous Affairs ('the Minister') not to grant protection visas to the respective applicants. The matters were each remitted to this Court by the High Court. 2 The draft orders nisi are in identical terms, apart from the references to the decision of the Tribunal. Each asserts that the decision was beyond jurisdiction, that there was a denial of procedural fairness in the making of the decision in that the Tribunal took into account matters adverse to the applicant without notice to the applicant, that the Tribunal breached the rules of natural justice, that procedures required by the law to be observed were not observed, that the making of a decision was an improper exercise of the powers conferred by the Migration Act 1958 ('the Act'). 3 Each affidavit is in similar terms and asserts that the Tribunal took into account written submissions by the Secretary of the Department of Immigration and Multicultural and Indigenous Affairs without bringing those to the attention of the applicant. There is no evidence at all in any of the matters that such submissions were made or that they were taken into account by the Tribunal. In short, there is nothing in the material that discloses any arguable case for the grant of any relief. 4 Counsel for the applicants indicated that his instructing solicitors wished to file further evidence in relation to each of the matters but did not indicate the nature of the case that was to be made out. He indicated to the Court that he had been instructed that his instructing solicitors understood that it was not necessary to file any further material at this stage and that, in any event, he could not do so before early April when file numbers were allocated to the proceeding. Be that as it may, there is nothing before the Court at present to indicate that there is any basis upon which any constitutional writ relief could be granted in respect of any of the decisions of the Tribunal. 5 Accordingly, it is appropriate to refuse orders nisi at this stage. In each case I order that Order 51A rule 5(1) not apply. I refuse an order nisi. The Minister seeks orders against the solicitor personally for the payment of costs. I have already given leave for a motion seeking such relief to be filed and for affidavits to be filed in relation to that matter. 6 The solicitor for the Minister has indicated that he has no instructions to ask the Court to make an order for costs against the applicants and, accordingly, I make no order. I should add that, in the course of argument, counsel for the applicants raised possible prejudice arising from refusing orders nisi at this stage. One was that there may be an issue of estoppel. The solicitor for the Minister indicated, as he has on previous occasions, that the Minister takes the view that, as a matter of law, there would be no issue of estoppel created by the refusal of orders nisi. 7 Counsel for the applicants also raised the possibility of prejudice by reason of unexplained delay. I do not consider that that is a prejudice. Any delay will have to be explained, in any event. It would be open to the applicants, if the question were raised by the Minister, to point to the fact that the proceeding was commenced in the High Court. Any explanation as to why nothing was done between then and now would be the subject of evidence, if the occasion arose.
I certify that the preceding eight (8) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.
Associate: Dated: 5 July 2004 Solicitor for the Applicant: Ward Maxwell
Solicitor for the Respondent: Australian Government Solicitor
S1775 of 2003
Refugee Review Tribunal