Applicant S1193/2003 v Refugee Review Tribunal [2003] FCA 1606

Applicant S1193/2003 v Refugee Review Tribunal [2003] FCA 1606

The application was dismissed because there was no appearance by the applicant, who had left Australia, and it was appropriate to accede to the Minister's request for dismissal.

Parties
Applicant: APPLICANT S1193/2003; First Respondent: Refugee Review Tribunal; Second Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
27 October 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Judicial Review of Administrative Decisions, Costs, Dismissal for Want of Prosecution
Administrative Law Immigration Law Judicial Review of Administrative Decisions Costs Dismissal for Want of Prosecution

Case Brief

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Parties

APPLICANT S1193/2003

Applicant

Refugee Review Tribunal

First Respondent

Minister for Immigration and Multicultural and Indigenous Affairs

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the application should be dismissed in absence of the applicant.
  2. 2 Amendment of representation and removal from Australia affecting continuation of proceedings.

Ratio Decidendi

The application was dismissed because there was no appearance by the applicant, who had left Australia, and it was appropriate to accede to the Minister's request for dismissal.

Court Disposition

application dismissed

Orders

  • the application be dismissed
  • the applicant pay the second respondent's costs