NAYT v Minister for Immigration
[2004] FMCA 979
•22 November 2004
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| NAYT v MINISTER FOR IMMIGRATION | [2004] FMCA 979 |
| MIGRATION – Visa – protection visa – Refugee Review Tribunal – application for review of decision of Refugee Review Tribunal affirming a decision of delegate of the Minister to refuse a protection visa to the applicant – where applicant left the country prior to the hearing. |
Judiciary Act 1903 (Cth), s.39B
Federal Magistrates Court Rules 2001, R 13.03A
| Applicant: | NAYT |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File No: | SYG618 of 2004 |
| Delivered on: | 22 November 2004 |
| Delivered at: | Sydney |
| Hearing date: | 22 November 2004 |
| Judgment of: | Scarlett FM |
REPRESENTATION
| Solicitors for the Applicant: | In Person |
| Solicitors for the Respondent: | Australian Government Solicitor |
ORDERS
That the application is dismissed in all respect except as to costs.
That the respondent is granted leave to apply for an order for costs within one month of the date of this order.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG618 of 2004
| NAYT |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
I have before me an affidavit by Andres Markus, Solicitor, in which he deposes to the fact that to the best of his knowledge and belief the applicant has in fact left the country, and that he departed Australia on 9 November 2004. This appears to be correct as the applicant has not attended Court today.
It appears unlikely that the applicant is going to take this matter any further.
Accordingly, pursuant to r 13.03A of the Federal Magistrates Court Rules 2001 I propose to dismiss the application.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Scarlett FM
Associate: A. L Coutman
Date: 14 December 2004
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