S1059 of 2003 v Minister for IMMGRATION
[2004] FMCA 821
•10 November 2004
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| S1059 of 2003 v MINISTER FOR IMMGRATION | [2004] FMCA 821 |
| MIGRATION – Visa – protection visa – Refugee Review Tribunal – application for protection visa – review of decision of Refugee Review Tribunal affirming a decision of the delegate of the Minister not to grant a protection visa to the applicant – where applicant seeks to discontinue – order for costs. |
| Applicant: | S1059 of 2003 |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File No: | SYG 1479 of 2004 |
| Delivered on: | 10 November 2004 |
| Delivered at: | Sydney |
| Hearing date: | 10 November |
| Judgment of: | Scarlett FM |
REPRESENTATION
| Solicitors for the Applicant: | In Person |
| Solicitors for the Respondent: | Australian Government Solicitor |
ORDERS
The Application is dismissed.
The Applicant is to pay the Respondent’s costs of an incidental to this application fixed in the sum of $2,500.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1479 of 2004
| S1059 of 2003 |
Applicant
And
| MINISTER FOR IMMIGRATION & MUTLICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
This is an application to review a decision of the Refugee Review Tribunal made on 20th October 1997 affirming a decision not to grant a protection visa to the Applicant. The Applicant lodged his application on 19th May 2004.
The application was listed for hearing today. The Applicant has since decided not to proceed with his application. Yesterday, he entered into consent orders agreeing that his application should be dismissed and that he should pay costs in the sum of $2,500.00.
The Applicant is not legally represented, but I see no reason why he should enter into consent orders if he chooses to do so. I propose to make the orders by consent and dismiss the application with costs fixed in the sum of $2,500.00.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Scarlett FM
Associate: A. Coutman
Date: 16 November 2004
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