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