Konteh v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 1257

FEDERAL COURT OF AUSTRALIA

Konteh v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1257

ISHMAEL SHERRIFF KONTEH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

NSD 559 OF 2005

MADGWICK J
6 SEPTEMBER 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 559 OF 2005

BETWEEN:	ISHMAEL SHERRIFF KONTEH APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	MADGWICK J
DATE OF ORDER:	6 SEPTEMBER 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The proceedings be dismissed pursuant to Order 35A rules 2(1)(b) and 3(1)(a).

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	NSD 559 OF 2005

BETWEEN:	ISHMAEL SHERRIFF KONTEH APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	MADGWICK J
DATE:	6 SEPTEMBER 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

MADGWICK J:

1. It seems highly probable that these proceedings have become moot as the applicant has now been granted a bridging visa and released from immigration detention.  Those latter events occurred after judgment had been reserved in the matter.

2. The applicant has today failed to attend a directions hearing, despite notification to him of it, and the respondent applies for an order that the proceeding be dismissed. 

3. Bearing in mind that any order I make can be set aside if my understanding of the matter proves to be incorrect, I will make the order sought. 

4. In the circumstances the respondent does not seek an order for costs and accordingly no order for costs will be made.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick.

Associate:

Dated:            8 September 2005

Solicitor for the Applicant:	There was no appearance from the applicant
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	6 September 2005
Date of Judgment:	6 September 2005