FEDERAL COURT OF AUSTRALIA
Konteh v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1257
ISHMAEL SHERRIFF KONTEH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 559 OF 2005
MADGWICK J
6 SEPTEMBER 2005
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 559 OF 2005 |
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BETWEEN: |
ISHMAEL SHERRIFF KONTEH APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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MADGWICK J |
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DATE OF ORDER: |
6 SEPTEMBER 2005 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The proceedings be dismissed pursuant to Order 35A rules 2(1)(b) and 3(1)(a).
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 |
NSD 559 OF 2005 |
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BETWEEN: |
ISHMAEL SHERRIFF KONTEH APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
MADGWICK J |
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DATE: |
6 SEPTEMBER 2005 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
Madgwick J:
1 It seems highly probable that these proceedings have become moot as the applicant has now been granted a bridging visa and released from immigration detention. Those latter events occurred after judgment had been reserved in the matter.
2 The applicant has today failed to attend a directions hearing, despite notification to him of it, and the respondent applies for an order that the proceeding be dismissed.
3 Bearing in mind that any order I make can be set aside if my understanding of the matter proves to be incorrect, I will make the order sought.
4 In the circumstances the respondent does not seek an order for costs and accordingly no order for costs will be made.
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I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick. |
Associate:
Dated: 8 September 2005
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Solicitor for the Applicant: |
There was no appearance from the applicant |
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Solicitor for the Respondent: |
Australian Government Solicitor |
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Date of Hearing: |
6 September 2005 |
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Date of Judgment: |
6 September 2005 |
