Applicant S105 of 2002 v Refugee Review Tribunal

[2003] FCA 1204

FEDERAL COURT OF AUSTRALIA

Applicant S105 of 2002 v Refugee Review Tribunal [2003] FCA 1204

APPLICANT S105 OF 2002 v REFUGEE REVIEW TRIBUNAL & ANOR

N242 OF 2003

EMMETT J
19 SEPTEMBER 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N242 OF 2003

BETWEEN:

APPLICANT S105 OF 2002
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

19 SEPTEMBER 2003

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        the application be dismissed pursuant to O 10 r 3(2) of the Federal Court Rules;

2.the applicant pay the second respondent’s costs;

3.the second respondent notify the applicant as soon as reasonably practicable, in writing, of the terms of these orders and the terms of O 35 r 7(2)(a).

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N242 OF 2003

BETWEEN:

APPLICANT S105 OF 2002
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:	EMMETT J
DATE:	19 SEPTEMBER 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On 6 February 2003, Gaudron J remitted this matter to this Court from the High Court.  The matter has been before me previously for directions.  On 6 June 2003, I gave directions for the applicant to file and serve a statement of claim and any affidavits on or before 18 August 2003.  Nothing has been filed pursuant to that direction.  When the matter was called on for hearing today, there was no appearance for the applicant.  The second respondent therefore moves for summary dismissal of the application pursuant to O 10 r 3(2) of the Federal Court Rules.

2. In the circumstances, I am satisfied that such an order should be made. 

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:             29 October 2003

Counsel for the Applicant:	No appearance
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	19 September 2003
Date of Judgment:	19 September 2003