S1152 of 2003 v Minister for Immigration

[2007] FMCA 1536

FEDERAL MAGISTRATES COURT OF AUSTRALIA

S1152 of 2003 v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 1536

MIGRATION – Application abandoned – application dismissed – Court refused to set aside order dismissing application.

Federal Magistrates Court Rules 2001, r.16.05

Applicant: APPLICANT S1152/2003

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: SUE TAYLOR, MANAGER, MINISTERIAL INTERVENTION UNIT, ONSHORE PROTECTION NSE

File number: SYG 1323 of 2007

Judgment of: Turner FM

Hearing date: 28 June 2007

Date of last submission: 28 June 2007

Delivered at: Sydney

Delivered on: 28 June 2007

REPRESENTATION

Counsel for the Applicant: Mr J. Azzi

Solicitors for the Respondents: Mr A. Markus of Australian Government Solicitor

ORDERS

1. The application filed on 26 April 2007 is dismissed.

2. The applicant is to pay the costs of the respondents fixed in the amount of $2,500.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 1323 of 2007

APPLICANT S1152/2003

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

SUE TAYLOR, MANAGER, MINISTERIAL INTERVENTION UNIT, ONSHORE PROTECTION NSW

Second Respondent

REASONS FOR JUDGMENT

1. As the applicant has abandoned the grounds in the application filed on 26 April 2007, the Court dismisses that application and so orders. In doing so, the Court places no blame at the feet of Counsel for the applicant who has advised the Court that he has come to this matter only recently. 

2. The Court orders the applicant pay to the respondents the sum of $2500, being their legal costs. 

3. As a result, there being no application before this Court, the Court makes no further orders. 

4. The Court declines to make an order under r.16.05 varying or setting aside the orders made.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Turner FM

Acting Associate: Mary Giang 

Date: 10 September 2007