Applicant A151 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 386

FEDERAL COURT OF AUSTRALIA

Applicant A151 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 386

APPLICANT A151 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS; MEMBER, REFUGEE REVIEW TRIBUNAL; PRINCIPAL MEMBER, REFUGEE REVIEW TRIBUNAL
S 720 OF 2003

LANDER J
ADELAIDE
26 MARCH 2004

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S 720 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

APPLICANT A151 OF 2003
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

MEMBER, REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

PRINCIPAL MEMBER, REFUGEE REVIEW TRIBUNAL
THIRD RESPONDENT

JUDGE:

LANDER J

DATE OF ORDER:

26 MARCH 2004

WHERE MADE:

ADELAIDE

THE COURT ORDERS THAT:

1.        The applicant’s application of 10 March 2003 remitted to this Court is dismissed.

2.        The applicant to pay the first respondent’s costs.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S 720 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

APPLICANT A151 OF 2003
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

MEMBER, REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

PRINCIPAL MEMBER, REFUGEE REVIEW TRIBUNAL
THIRD RESPONDENT

JUDGE:	LANDER J
DATE:	26 MARCH 2004
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. The applicant commenced proceedings in the High Court of Australia on 18 March 2003 seeking the issue of the constitutional writs directed to the Refugee Review Tribunal in relation to a decision made by that Tribunal on 16 August 2002.

2. On 11 June 2003 Hayne J, of the High Court, remitted the matter to this Court for hearing.

3. On 10 December 2003 Mansfield J made orders requiring the applicant to file a number of documents in support of the applicant’s application.  The applicant has not complied with Mansfield J’s orders.

4. On 24 March 2004 the applicant’s solicitor filed an affidavit in which she deposed to the efforts made by her to obtain instructions from the applicant.  It seems that the applicant is unable to be contacted.  It seems to me that the applicant has evidenced an intention not to proceed with the application and, in those circumstances, I make the following orders:

   1.        The applicant’s application of 10 March 2003 remitted to this Court is dismissed.

   2.        The applicant to pay the first respondent’s costs.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Lander.

Associate:

Dated:            15 April 2004

Counsel for the Applicant:	M A Christie
Solicitor for the Applicant:	Mark Clisby
Counsel for the First, Second and Third Respondents:	C Nash
Solicitor for the First, Second and Third Respondents:	Sparke Helmore
Date of Hearing:	26 March 2004
Date of Judgment:	26 March 2004