FEDERAL COURT OF AUSTRALIA
Applicant S1599/2003 v Refugee Review Tribunal [2003] FCA 1607
APPLICANT S1599/2003 v REFUGEE REVIEW TRIBUNAL & ANOR
N1414 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 |
N1414 OF 2003 |
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BETWEEN: |
APPLICANT S1599/2003 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;
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 |
N1414 OF 2003 |
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BETWEEN: |
APPLICANT S1599/2003 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 29 May 2003, a draft order nisi and affidavit were filed in the High Court of Australia, purportedly on behalf of the applicant. At that stage, the applicant was represented by Adrian Joel & Co, solicitors. However, the applicant voluntarily departed Australia on 10 April 2003. When the matter was called today, Mr Zipser of counsel, instructed by Adrian Joel & Co, appeared indicating that Adrian Joel & Co proposed to write to the applicant at his last known address seeking either instructions or indicating an intention to withdraw.
2 In the circumstances, there does not seem to be any point in that step being taken. It is appropriate that the matter no longer remain on the record. 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 two (2) 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: |
B M Zipser |
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Solicitor for the Applicant: |
Adrien Joel & Co |
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Solicitor for the Respondent: |
Australian Government Solicitor |
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Date of Hearing: |
27 October 2003 |
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Date of Judgment: |
27 October 2003 |
