Dulan v Minister for Immigration and Multicultural Affairs

FEDERAL COURT OF AUSTRALIA
Dulan v Minister for Immigration & Multicultural Affairs [1999] FCA 668
MOHAMED LAYAN DULAN V MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
NG 1317 of 1998
EINFELD, LEHANE, HELY JJ
SYDNEY
10 MAY 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG 1317 OF 1998

BETWEEN:

MOHAMED LAYAN DULAN
Applicant

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
Respondent

JUDGE:

EINFELD, LEHANE, HELY JJ

DATE:

10 MAY 1999

PLACE:

SYDNEY

REASONS FOR JUDGMENT

The Court has been advised that on 8 May, two days ago, the appellant escaped the custody that he was then in, at what is generally known as the Villawood Detention Centre, and has not been apprehended or found. He has not therefore attended Court today for the hearing of the appeal. The respondent asks for the dismissal of the appeal in his absence and the Court will grant that order. We have not, of course, heard argument on the appeal. The order of the Court is that the appeal will be dismissed.
[AFTER DISCUSSION]
The Court also orders that the appellant pay the 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 Justices Einfeld, Lehane and Hely.
Associate:
Dated: 10 May 1999

The applicant did not appear.

Counsel for the Respondent: Mr G. T. Johnson

Solicitor for the Respondent: Australian Government Solicitor

Date of Hearing: 10 May 1999

Date of Judgment: 10 May 1999

CaseChat Overview and Summary

Mohamed Layan Dulan applied to the Federal Court for judicial review of a decision by the Minister for Immigration and Multicultural Affairs, who had ordered his detention. The matter came before Einfeld, Lehane and Hely JJ in the Federal Court of Australia. The central issue for determination was whether the Court should proceed with the hearing of the appeal in the absence of the appellant, who had escaped from detention at Villawood Detention Centre.

The Court determined that it should dismiss the appeal as the appellant was absent and had not been apprehended. The Court considered that it was not appropriate to hear the appeal in the absence of the appellant, who was a central party to the proceedings. The Court also noted that no argument had been presented in the appeal. Accordingly, the Court granted the Minister's application to dismiss the appeal.

The Court ordered that the appeal be dismissed and that the appellant pay the respondent's costs. The reasons for the judgment were delivered on 10 May 1999, and the appeal was dismissed on the same day. The Court's order was certified as a true copy of the Reasons for Judgment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 1317 OF 1998

BETWEEN:	MOHAMED LAYAN DULAN Applicant
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS Respondent

JUDGE:	EINFELD, LEHANE, HELY JJ
DATE:	10 MAY 1999
PLACE:	SYDNEY

The applicant did not appear.
Counsel for the Respondent:	Mr G. T. Johnson
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	10 May 1999
Date of Judgment:	10 May 1999