Applicant S77/2002 v Refugee Review Tribunal

[2003] FCA 1604

FEDERAL COURT OF AUSTRALIA

Applicant S77/2002 v Refugee Review Tribunal [2003] FCA 1604

APPLICANT S77/2002 v REFUGEE REVIEW TRIBUNAL & ANOR

N223 OF 2003

EMMETT J
27 OCTOBER 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N223 OF 2003

BETWEEN:

APPLICANT S77/2002
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 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	N223 OF 2003

BETWEEN:

APPLICANT S77/2002
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 18 March 2002, the applicant commenced a proceeding in the High Court of Australia seeking prerogative writ relief in respect of a decision of the Refugee Review Tribunal.  On 6 February 2003, Gaudron J remitted the proceeding to this Court.  At that stage, the applicant was represented by Adrian Joel & Co, solicitors.  On 17 October 2003, those solicitors filed a Notice of Withdrawal from acting in the proceeding.

2. In the meantime, on 6 June 2003, the applicant departed Australia.  When the matter was called for hearing today there was no appearance by the applicant.  The second respondent, the Minister for Immigration and Multicultural and Indigenous Affairs, therefore seeks an order that the proceeding be dismissed pursuant to O 10 r 3(2) of the Federal Court Rules.  In the circumstances, it is appropriate to accede to that request. 

3. 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 three (3) 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:	No appearance
Solicitor for the Respondents:	Australian Government Solicitor
Date of Hearing:	27 October 2003
Date of Judgment:	27 October 2003