FEDERAL COURT OF AUSTRALIA
Applicant S77/2002 v Refugee Review Tribunal [2003] FCA 1604
APPLICANT S77/2002 v REFUGEE REVIEW TRIBUNAL & ANOR
N223 OF 2003
EMMETT J
27 OCTOBER 2003
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N223 OF 2003 |
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BETWEEN: |
APPLICANT S77/2002 APPLICANT
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AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS SECOND RESPONDENT
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EMMETT J |
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DATE OF ORDER: |
27 OCTOBER 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.
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 |
N223 OF 2003 |
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BETWEEN: |
APPLICANT S77/2002 APPLICANT
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AND: |
REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS SECOND RESPONDENT
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JUDGE: |
EMMETT J |
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DATE: |
27 OCTOBER 2003 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 On 18 March 2002, the applicant commenced a proceeding in the High Court of Australia seeking prerogative writ relief in respect of a decision of the Refugee Review Tribunal. On 6 February 2003, Gaudron J remitted the proceeding to this Court. At that stage, the applicant was represented by Adrian Joel & Co, solicitors. On 17 October 2003, those solicitors filed a Notice of Withdrawal from acting in the proceeding.
2 In the meantime, on 6 June 2003, the applicant departed Australia. When the matter was called for hearing today there was no appearance by the applicant. The second respondent, the Minister for Immigration and Multicultural and Indigenous Affairs, therefore seeks an order that the proceeding be dismissed pursuant to O 10 r 3(2) of the Federal Court Rules. In the circumstances, it is appropriate to accede to that request.
3 Accordingly, I propose to order that the application be dismissed and that the applicant pay the second respondent’s costs.
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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: 22 January 2004
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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: |
27 October 2003 |
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Date of Judgment: |
27 October 2003 |
