Applicant S13 of 2003 v Refugee Review Tribunal

[2003] FCA 1203

FEDERAL COURT OF AUSTRALIA

Applicant S13 of 2003 v Refugee Review Tribunal [2003] FCA 1203

APPLICANT S13 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR

N363 OF 2003

EMMETT J
21 MAY 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N363 OF 2003

BETWEEN:

APPLICANT S13 OF 2003
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

21 MAY 2003

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        the application be dismissed;

2.        there be no order as to 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	N363 OF 2003

BETWEEN:

APPLICANT S13 OF 2003

APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE:

EMMETT J

DATE:

21 MAY 2003

PLACE:

SYDNEY

REASONS FOR JUDGMENT

1. This matter was remitted to the Court by the High Court by order of Gaudron J on 6 February 2003.  When the matter was called on for directions today, there was no appearance for the applicant.  The second respondent, the Minister for Immigration & Multicultural & Indigenous Affairs (‘the Minister’) applies for summary dismissal of the proceeding pursuant to O 10 r 3 of the Federal Court Rules.  I have evidence before me that the applicant expressed a desire, on 6 March 2003, to be removed to Indonesia.  He also indicated that he wished to withdraw the proceeding.  A communication, purporting to be from the applicant to an officer of the Minister’s department, requests that the Minister ‘cancel all my case in DIMIA, High Court & Federal Court’.  There is evidence before me to indicate that the applicant left Australia on 11 March 2003.

2. In the circumstances, it is appropriate that the application be dismissed.  The Minister does not ask for an order for costs. 

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 Respondents:	Australian Government Solicitor
Date of Hearing:	21 May 2003
Date of Judgment:	21 May 2003