Dulan v Minister for Immigration and Multicultural Affairs

[1999] FCA 668

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

1. 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]

2. 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