FEDERAL COURT OF AUSTRALIA
Applicant S200 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1201
APPLICANT S200 OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ANOR
N357 OF 2003
EMMETT J
21 MAY 2003
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N357 OF 2003 |
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BETWEEN: |
APPLICANT S200 OF 2002 APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS FIRST RESPONDENT
PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT
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EMMETT J |
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DATE OF ORDER: |
21 MAY 2003 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. the application be dismissed;
2. there be no order as to costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N357 OF 2003 |
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BETWEEN: |
APPLICANT S200 OF 2002 APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS FIRST RESPONDENT PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT
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JUDGE: |
EMMETT J |
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DATE: |
21 MAY 2003 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This matter was remitted from the High Court by order of Gaudron J on 6 February 2003. When the matter was called on for directions today, there was no appearance for the applicant. I have evidence before me that the applicant departed Australia voluntarily on 5 December 2002. That explains his non-appearance. The first respondent, the Minister for Immigration & Multicultural & Indigenous Affairs (‘the Minister’), seeks an order under O 10 r 3 of the Federal Court Rules for summary dismissal of the application for want of appearance. The Minister does not ask for costs.
2 In the circumstances, the Minister’s request appears to me to be the appropriate course.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett. |
Associate:
Dated: 29 October 2003
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Counsel for the Applicant: |
No appearance |
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Solicitor for the Respondents: |
Australian Government Solicitor |
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Date of Hearing: |
21 May 2003 |
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Date of Judgment: |
21 May 2003 |
