S515 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 501 S515 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ORS N 2533 OF 2003 EMMETT J 9 FEBRUARY 2004 SYDNEY

[2]

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

[3]

THE COURT ORDERS THAT:

the application for an order nisi be refused;
the applicant pay the Minister's costs; 3. no application for review of the Tribunal's decision of 5 March 2002 be accepted for filing in this Court without the leave of the Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

[4]

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

[5]

REASONS FOR JUDGMENT 1 On 25 September 2003 the applicant filed a draft order nisi and an affidavit in support in the High Court of Australia seeking prerogative relief in respect of a decision of the Refugee Review Tribunal ('the Tribunal') given on 5 March 2002. The matter was remitted to this Court by Gummow J on 25 November 2003. The affidavit filed in support of the application discloses no basis upon which any relief should be granted. I therefore propose to refuse an order nisi. 2 The Minister for Immigration & Multicultural & Indigenous Affairs ('the Minister') asks for costs and for an order that no application seeking review of the decision of the Tribunal be received by the Court for filing. The Tribunal had invited the applicant to attend and give oral evidence because the Tribunal was unable to make a favourable decision on the information provided to it. The applicant initially indicated that he would attend but later declined that opportunity and requested the Tribunal to make a decision on the papers. 3 Having filed an application for judicial review in this Court on 23 April 2002, the applicant failed to appear when the matter was called on for hearing on 19 July 2002. On that day I ordered that the application be dismissed for want of an appearance under O 32 r 2(1)(c). The applicant then filed a purported notice of appeal to the Full Court. When that appeal was called on for hearing there was no appearance for the applicant. In the circumstances, it appears to be appropriate to make the order requested by the Minister. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

[6]

Counsel for the Applicant: No appearance for the applicant

Parties

Applicant/Plaintiff:

S515 of 2003

Respondent/Defendant:

Minister for Immigration & Multicultural & Indigenous Affairs