Applicant S144 of 2002 v Refugee Review Tribunal

[2003] FCA 1202

FEDERAL COURT OF AUSTRALIA

Applicant S144 of 2002 v Refugee Review Tribunal [2003] FCA 1202

APPLICANT S144 OF 2002 v REFUGEE REVIEW TRIBUNAL & ANOR

N247 OF 2003

EMMETT J
15 AUGUST 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N247 OF 2003

BETWEEN:

APPLICANT S144 OF 2002
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

15 AUGUST 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.

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	N247 OF 2003

BETWEEN:

APPLICANT S144 OF 2002
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:	EMMETT J
DATE:	15 AUGUST 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter was remitted to this Court by the High Court of Australia by order of Gaudron J on 6 February 2003.  At that stage, the applicant was represented by Adrian Joel & Co, solicitors.  On 14 February 2003, Adrian Joel & Co wrote to the applicant saying that the proceeding had been remitted to the Federal Court and requesting a payment on account of fees.  The solicitors wrote again to the applicant on 12 March 2003 indicating that the earlier letter had not been answered and saying that the solicitors could not continue to act for the applicant if the applicant did not contact the solicitor and provide instructions.  As at 7 April 2003, the applicant had not communicated with Adrian Joel & Co and, on 1 May 2003, Adrian Joel & Co filed a notice of withdrawal of solicitor.

2. The matter came before me on 2 May 2003, when there was no appearance for the applicant.  On 9 May 2003, I stood over the proceeding for directions on 6 June 2003.  On that day there was no appearance for the applicant and I stood the matter over for further directions today.  There being no appearance for the applicant today, the second respondent moves for dismissal of the proceeding pursuant to O 10 r 3(2) of the Federal Court Rules.  I have evidence before me that satisfies me that, on 10 July 2003, the applicant departed Australia. 

3. In the circumstances, it is appropriate to order, pursuant to O 10 r 3(2), that the application be dismissed with costs. 

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:             29 October 2003

Counsel for the Applicant:	No appearance
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	15 August 2003
Date of Judgment:	15 August 2003