FEDERAL COURT OF AUSTRALIA
Applicants S101 of 2002 v Refugee Review Tribunal [2003] FCA 1205
APPLICANTS S101 OF 2002 v REFUGEE REVIEW TRIBUNAL & ANOR
N239 OF 2003
APPLICANT S102 OF 2002 v REFUGEE REVIEW TRIBUNAL & ANOR
N240 OF 2003
EMMETT J
6 JUNE 2003
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N239 OF 2003 |
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BETWEEN: |
APPLICANTS S101 OF 2002 APPLICANTS
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AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
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EMMETT J |
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DATE OF ORDER: |
6 JUNE 2003 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. the application be dismissed pursuant to O 10 r 3(2) of the Federal Court Rules
2. the applicants pay the second respondent’s costs
3. the second respondent notify the applicant at their last known address of these orders and the terms of ) 35 r 7(2)(a) of the Federal Court Rules.
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 |
N240 OF 2003 |
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BETWEEN: |
APPLICANT S102 OF 2002 APPLICANT
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AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
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JUDGE: |
EMMETT J |
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DATE OF ORDER: |
6 JUNE 2003 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. the application be dismissed pursuant to O 10 r 3(2) of the Federal Court Rules
2. the applicant pay the second respondent’s costs
3. the second respondent notify the applicant at his last known address of these orders and the terms of ) 35 r 7(2)(a) of the Federal Court Rules.
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 |
N239 OF 2003 |
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BETWEEN: |
APPLICANT
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AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
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N240 OF 2003
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BETWEEN: |
APPLICANT S102 OF 2002 APPLICANT
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AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT
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JUDGE: |
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DATE: |
6 JUNE 2003 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 The applicants in each of these proceedings has the same surname. Both matters were commenced in the High Court of Australia and were remitted to this Court by order of Gaudron J on 6 February 2003. At that stage, Adrian Joel & Co, solicitors were acting for each of the applicants. On 24 April 2003, Adrian Joel & Co filed a notice of withdrawal of solicitor in each proceeding. An affidavit filed in connection with those notices disclosed that the latest address of the applicants known to the solicitor was 13/485 Liverpool Road, Strathfield South.
2 On 28 April 2003, the solicitor for the second respondent, the Minister for Immigration & Multicultural & Indigenous Affairs (‘the Minister’), was informed by the Minister’s department that the most recent address held by the department for the applicants was 1/8 Orpington Street, Ashfield. Both matters came before me on 2 May 2003 when I stood the matter over for further directions today. On 20 May 2003, letters were addressed to each of the applicants at the two addresses that I have just mentioned informing them of the directions hearing fixed for today and drawing attention to the need for their attendance.
3 There has been no appearance for either of the respondents when the matter was called today. Accordingly, the Minister seeks orders for summary dismissal of the proceedings under O 10 r 3(2) of the Federal Court Rules. It appears to me, in the circumstances, to be appropriate to make such orders.
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I certify that the preceding three (3) 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: |
6 June 2003 |
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Date of Judgment: |
6 June 2003 |
