Applicant A152 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 387

FEDERAL COURT OF AUSTRALIA

Applicant A152 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 387

APPLICANT A152 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS; MEMBER, REFUGEE REVIEW TRIBUNAL; PRINCIPAL MEMBER, REFUGEE REVIEW TRIBUNAL
S 721 OF 2003

LANDER J
ADELAIDE
26 MARCH 2004

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S 721 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

APPLICANT A152 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 brought in the High Court of Australia on 19 March 2003 and remitted to this Court for hearing 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 721 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN:

APPLICANT A152 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. On 19 March 2003 the applicant commenced proceedings in the High Court of Australia seeking the issue of the constitutional writs directed to the Refugee Review Tribunal in relation to a decision of that Tribunal made on 25 October 2002.

2. On 11 June 2003 the matter was remitted 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 application for the issue of the constitutional writs.  Those orders have not been complied with.

4. On 24 March 2004 the applicant’s solicitor filed an affidavit in which she deposed to the efforts made by her in attempting to obtain instructions to comply with Mansfield J’s orders and her failure to obtain those instructions.  In the circumstances, the applicant has evidenced an intention not to proceed with this matter.  The applicant has also failed to comply with orders of this Court.  Ms Nash, for the first respondent, has sought an order dismissing the application.  It seems to me that the order should go.  I make the following orders:

   1.The applicant’s application brought in the High Court of Australia on 19 March 2003 and remitted to this Court for hearing 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