FEDERAL COURT OF AUSTRALIA

Applicant A151 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 386

APPLICANT A151 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS; MEMBER, REFUGEE REVIEW TRIBUNAL; PRINCIPAL MEMBER, REFUGEE REVIEW TRIBUNAL

S 720 OF 2003

LANDER J

ADELAIDE

26 MARCH 2004

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

THE COURT ORDERS THAT:

1.         The applicant’s application of 10 March 2003 remitted to this Court is dismissed.

2.         The applicant to pay the first respondent’s costs.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

REASONS FOR JUDGMENT

1                     The applicant commenced proceedings in the High Court of Australia on 18 March 2003 seeking the issue of the constitutional writs directed to the Refugee Review Tribunal in relation to a decision made by that Tribunal on 16 August 2002.

2                     On 11 June 2003 Hayne J, of the High Court, remitted the matter to this Court for hearing.

3                     On 10 December 2003 Mansfield J made orders requiring the applicant to file a number of documents in support of the applicant’s application.  The applicant has not complied with Mansfield J’s orders.

4                     On 24 March 2004 the applicant’s solicitor filed an affidavit in which she deposed to the efforts made by her to obtain instructions from the applicant.  It seems that the applicant is unable to be contacted.  It seems to me that the applicant has evidenced an intention not to proceed with the application and, in those circumstances, I make the following orders:

1.         The applicant’s application of 10 March 2003 remitted to this Court is dismissed.

2.         The applicant to pay the first respondent’s costs.

Associate:

Dated:              15 April 2004