Applicant S219 of 2002 v Refugee Review Tribunal

[2003] FCA 1200

FEDERAL COURT OF AUSTRALIA

Applicant S219 of 2002 v Refugee Review Tribunal [2003] FCA 1200

APPLICANT S219 OF 2002 v REFUGEE REVIEW TRIBUNAL & ANOR

N255 OF 2003

EMMETT J
6 JUNE 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N255 OF 2003

BETWEEN:

APPLICANT S219 OF 2002
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

6 JUNE 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 first applicant pay the second respondent’s costs

3.the second respondent notify the first applicant at his last known address of these Orders and the terms of O 35 r 7(2)(a) of the Federal Court Rules.

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	N255 OF 2003

BETWEEN:

APPLICANT S219 OF 2002
APPLICANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:	EMMETT J
DATE:	6 JUNE 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter was commenced in the High Court and was remitted to this Court by order of Gaudron J on 6 February 2003.  At that stage, the applicant was represented by Adrian Joel & Co, solicitors.  On 24 April 2003, Adrian Joel & Co filed a notice of withdrawal together with an affidavit in support of that notice.  That affidavit disclosed that the latest address of the applicant known to the solicitors was 24/1074 Botany Road, New South Wales, 2019. 

2. On 28 April 2003 the solicitors for the second respondent, the Minister for Immigration & Multicultural & Indigenous Affairs (‘the Minister’) were informed by an officer of the Minister’s department that the most recent addresses held by the department for the applicant were PO Box K552, Haymarket, New South Wales, 2000 and 32 Station Street, Dapto, New South Wales, 2530. 

3. The matter came before me for directions on 2 May 2003 when there was no appearance for the applicant.  On 9 May 2003, I stood the matter over for further directions today.  On 20 May 2003, letters were addressed to the applicant at the three addresses that I have mentioned. The letters drew attention to the directions hearing fixed for today and the need for an appearance by the applicant.  There was no appearance for the applicant when the matter was called today and the Minister seeks an order for summary dismissal of the proceeding under O 10 r 3(2) of the Federal Court Rules.  In the circumstances, I consider it is appropriate to make such an order.

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:	6 June 2003
Date of Judgment:	6 June 2003