FEDERAL COURT OF AUSTRALIA
Applicant S13 of 2003 v Refugee Review Tribunal [2003] FCA 1203
APPLICANT S13 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR
N363 OF 2003
EMMETT J
21 MAY 2003
SYDNEY
|
IN THE FEDERAL COURT OF AUSTRALIA |
|
|
NEW SOUTH WALES DISTRICT REGISTRY |
N363 OF 2003 |
|
BETWEEN: |
APPLICANT S13 OF 2003 APPLICANT
|
|
AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
|
|
EMMETT J |
|
|
DATE OF ORDER: |
21 MAY 2003 |
|
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.
|
IN THE FEDERAL COURT OF AUSTRALIA |
|
|
NEW SOUTH WALES DISTRICT REGISTRY |
N363 OF 2003 |
|
BETWEEN: |
APPLICANT S13 OF 2003 APPLICANT |
|
AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT |
|
JUDGE: |
EMMETT J |
|
DATE: |
21 MAY 2003 |
|
PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This matter was remitted to the Court by 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. The second respondent, the Minister for Immigration & Multicultural & Indigenous Affairs (‘the Minister’) applies for summary dismissal of the proceeding pursuant to O 10 r 3 of the Federal Court Rules. I have evidence before me that the applicant expressed a desire, on 6 March 2003, to be removed to Indonesia. He also indicated that he wished to withdraw the proceeding. A communication, purporting to be from the applicant to an officer of the Minister’s department, requests that the Minister ‘cancel all my case in DIMIA, High Court & Federal Court’. There is evidence before me to indicate that the applicant left Australia on 11 March 2003.
2 In the circumstances, it is appropriate that the application be dismissed. The Minister does not ask for an order for costs.
|
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
|
Counsel for the Applicant: |
No appearance |
|
|
|
|
Solicitor for the Respondents: |
Australian Government Solicitor |
|
|
|
|
Date of Hearing: |
21 May 2003 |
|
|
|
|
Date of Judgment: |
21 May 2003 |
