Applicant S12/2003 v Refugee Review Tribunal [2003] FCA 1603

Applicant S12/2003 v Refugee Review Tribunal [2003] FCA 1603

The applicant had repeatedly failed to file and serve a statement of claim or affidavits as directed, had not shown that steps were taken to obtain pro bono assistance provided by the Minister, and gave only the explanation that a friend on whom he relied had gone to Malaysia; in those circumstances it was appropriate to dismiss the application with costs.

Jurisdiction
Australia
Judgment Date
27 October 2003
Procedural Posture
Application Seeking Writs of Mandamus, Certiorari and Prohibition Remitted From the High Court of Australia / Directions Hearing; Second Respondent Sought Summary Dismissal for Failure to Comply With Directions
Outcome
Application dismissed with costs.
Legal Topics
['refugee Review Tribunal' 'summary Dismissal' 'failure to Comply With Directions' 'costs']
['administrative Law' 'migration Law' 'civil Procedure'] ['refugee Review Tribunal' 'summary Dismissal' 'failure to Comply With Directions' 'costs']

Case Brief

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Procedural Posture

Application Seeking Writs of Mandamus, Certiorari and Prohibition Remitted From the High Court of Australia / Directions Hearing; Second Respondent Sought Summary Dismissal for Failure to Comply With Directions

Legal Issues

  1. 1 ['Whether the proceeding should be dismissed because the applicant failed to comply with directions to file and serve a statement of claim and affidavits.']

Ratio Decidendi

The applicant had repeatedly failed to file and serve a statement of claim or affidavits as directed, had not shown that steps were taken to obtain pro bono assistance provided by the Minister, and gave only the explanation that a friend on whom he relied had gone to Malaysia; in those circumstances it was appropriate to dismiss the application with costs.

Court Disposition

Application dismissed with costs.

Orders

  • ['Leave be granted to the second respondent to file a notice of motion in the form initialled by Emmett J.' 'The application be dismissed.' "The applicant pay the second respondent's costs."]