Applicant S1193/2003 v Refugee Review Tribunal

[2003] FCA 1606

FEDERAL COURT OF AUSTRALIA

Applicant S1193/2003 v Refugee Review Tribunal [2003] FCA 1606

APPLICANT S1193/2003 v REFUGEE REVIEW TRIBUNAL & ANOR

N1011 OF 2003

EMMETT J
27 OCTOBER 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1011 OF 2003

BETWEEN:

APPLICANT S1193/2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

27 OCTOBER 2003

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        the application be dismissed;

2.        the applicant pay the second 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
NEW SOUTH WALES DISTRICT REGISTRY	N1011 OF 2003

BETWEEN:

APPLICANT S1193/2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE:

EMMETT J

DATE:

27 OCTOBER 2003

PLACE:

SYDNEY

REASONS FOR JUDGMENT

1. On 29 May 2003, a draft order nisi and an affidavit in support were filed in the High Court of Australia on behalf of the applicant.  At that stage the applicant was represented by Adrian Joel & Co, solicitors.  The matter was then remitted to this Court.  On 17 October 2003, Adrian Joel & Co withdrew as solicitors for the applicant. 

2. In the meantime, on 30 June 2003, the applicant requested the second respondent, the Minister for Immigration and Multicultural and Indigenous Affairs (‘the Minister’), to assist him to depart Australia and, on 8 July 2003, the applicant was removed from Australia.  It is not surprising, therefore, that, when the matter was called today, there was no appearance for the applicant.  The Minister therefore asks that the proceeding be dismissed.  In the circumstances, it is appropriate to accede to that request.

3. Accordingly, I propose to order that the application be dismissed and that the applicant to pay the Minister’s costs of the proceeding.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:            22 January 2004

Counsel for the Applicant:	No appearance
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	27 October 2003
Date of Judgment:	27 October 2003