Applicant A226 of 2003 v Refugee Review Tribunal [2004] FCA 372

Applicant A226 of 2003 v Refugee Review Tribunal [2004] FCA 372

The applicant had shown no inclination to prosecute the proceedings, was in default of orders made on 3 November 2003, 18 December 2003 and 19 February 2004, had apparently not instructed his solicitor as required, and did not attend the hearing. Those circumstances evidenced an intention not to prosecute, so the application for constitutional writs was dismissed with costs.

Jurisdiction
Australia
Judgment Date
22 March 2004
Procedural Posture
Application for the Issue of Constitutional Writs in Relation to a Refugee Review Tribunal Decision / On Remittal From the High Court of Australia; Directions Hearing Resulting in Dismissal
Outcome
The applicant's application for the issue of the constitutional writs was dismissed, and the applicant was ordered to pay the respondents' costs.
Legal Topics
['refugee Review Tribunal' 'constitutional Writs' 'failure to Prosecute' 'default of Court Orders' 'costs']
['migration Law' 'administrative Law' 'civil Procedure'] ['refugee Review Tribunal' 'constitutional Writs' 'failure to Prosecute' 'default of Court Orders' 'costs']

Case Brief

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Procedural Posture

Application for the Issue of Constitutional Writs in Relation to a Refugee Review Tribunal Decision / On Remittal From the High Court of Australia; Directions Hearing Resulting in Dismissal

Legal Issues

  1. 1 ["Whether the applicant's application for the issue of constitutional writs should be dismissed where the applicant failed to comply with court orders, failed to instruct his solicitor, and failed to attend the hearing."]

Ratio Decidendi

The applicant had shown no inclination to prosecute the proceedings, was in default of orders made on 3 November 2003, 18 December 2003 and 19 February 2004, had apparently not instructed his solicitor as required, and did not attend the hearing. Those circumstances evidenced an intention not to prosecute, so the application for constitutional writs was dismissed with costs.

Court Disposition

The applicant's application for the issue of the constitutional writs was dismissed, and the applicant was ordered to pay the respondents' costs.

Orders

  • ["The applicant's application for the issue of the constitutional writs is dismissed." "The applicant to pay the respondents' costs."]