Applicant S1599/2003 v Refugee Review Tribunal

[2003] FCA 1607

FEDERAL COURT OF AUSTRALIA

Applicant S1599/2003 v Refugee Review Tribunal [2003] FCA 1607

APPLICANT S1599/2003 v REFUGEE REVIEW TRIBUNAL & ANOR

N1414 OF 2003

EMMETT J
27 OCTOBER 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1414 OF 2003

BETWEEN:

APPLICANT S1599/2003
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	N1414 OF 2003

BETWEEN:

APPLICANT S1599/2003
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 affidavit were filed in the High Court of Australia, purportedly on behalf of the applicant.  At that stage, the applicant was represented by Adrian Joel & Co, solicitors.  However, the applicant voluntarily departed Australia on 10 April 2003.  When the matter was called today, Mr Zipser of counsel, instructed by Adrian Joel & Co, appeared indicating that Adrian Joel & Co proposed to write to the applicant at his last known address seeking either instructions or indicating an intention to withdraw.

2. In the circumstances, there does not seem to be any point in that step being taken.  It is appropriate that the matter no longer remain on the record.  Accordingly, I propose to order that the application be dismissed and that the applicant pay the second respondent’s 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:            22 January 2004

Counsel for the Applicant:	B M Zipser
Solicitor for the Applicant:	Adrien Joel & Co
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	27 October 2003
Date of Judgment:	27 October 2003