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
APPLICANTAND:
REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENTMINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENTJUDGE:
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
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.
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
- AGLC
- Applicant S13 of 2003 v Refugee Review Tribunal [2003] FCA 1203
- Case
- [2003] FCA 1203
- Decision Date
CaseChat Overview and Summary
The central legal issues in this case revolved around the standard of review applicable to the Tribunal's decision-making process, the weight given to credibility assessments, and the interpretation of the relevant legislative provisions. Specifically, the court had to determine whether the Tribunal's decision was legally sound and whether it had properly exercised its discretion in evaluating the applicant's evidence and credibility.
In its reasoning, the court held that the Tribunal's decision-making process was legally sound. It found that the Tribunal had correctly applied the relevant legal principles and had properly exercised its discretion. The court emphasised that credibility assessments are inherently subjective and that the Tribunal's evaluation of the applicant's evidence was well within its authority. The court further noted that the Tribunal's decision was supported by the evidence and that there was no basis to interfere with its conclusions. Consequently, the court dismissed the applicant's appeal and upheld the Tribunal's decision.
Orders
Orders of the court
1. the application be dismissed;
2. there be no order as to costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: EMMETT J
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