Applicant S248 of 2002 v Refugee Review Tribunal

[2003] FCA 1198

FEDERAL COURT OF AUSTRALIA

Applicant S248 of 2002 v Refugee Review Tribunal [2003] FCA 1198

APPLICANT S248 OF 2002 v REFUGEE REVIEW TRIBUNAL & ANOR

N261 OF 2003

EMMETT J
6 JUNE 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N261 OF 2003

BETWEEN:

APPLICANT S248 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 applicant pay the second respondent’s costs;

3.the second respondent notify the 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	N261 OF 2003

BETWEEN:

APPLICANT S248 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 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, Adrien Joel & Co filed a notice of withdrawal of solicitor and affidavit in support.  The affidavit disclosed that the latest contact address known to the solicitor was PO Box 258, Yagoona.  On 28 April 2003, the solicitor for the second respondent, the Minister for Immigration and Multicultural and Indigenous Affairs (‘the Minister’), was informed by an officer of the Minister’s department that the most recent addresses held by the department for the applicant was 3/27 MacDonald Street, Lakemba, and 1/28A Campbell Street, Berala. 

2. On 28 April 2003, letters were addressed to those last two addresses drawing attention to a directions hearing on 2 May 2003.  On that day, there was no appearance for the applicant and, on 9 May 2003, I stood the matter over for directions today.  On 6 May 2003, Ms Kristy Alexander of the Sydney office of the Australian Government Solicitor received a telephone call from the applicant in which he informed her that he had received the solicitor’s letter informing him of the directions hearing on 2 May 2003 and that his current address is 3/27 McDonald Street, Lakemba.

3. On 20 May 2003, the Minister’s solicitor wrote to the applicant at the Lakemba address informing him of the directions hearing today and of the need to be represented at the hearing.  When the matter was called today, there was no appearance for the applicant.  The Minister therefore asks for an order for summary dismissal of the proceeding pursuant to O 10 r 3(2) of the Federal Court Rules. 

4. In the circumstances, I consider that it is appropriate to make such an order.

I certify that the preceding four (4) 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