Applicant S200 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1201

Applicant S200 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1201

Because there was no appearance for the applicant and evidence showed that the applicant had departed Australia voluntarily, summary dismissal of the application for want of appearance was the appropriate course; no order as to costs was made because the Minister did not seek costs.

Jurisdiction
Australia
Judgment Date
21 May 2003
Procedural Posture
Application Remitted From the High Court / Directions; Application for Summary Dismissal for Want of Appearance
Outcome
Application dismissed; no order as to costs.
Legal Topics
['refugee Review Tribunal' 'summary Dismissal' 'want of Appearance' 'remittal From the High Court']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['refugee Review Tribunal' 'summary Dismissal' 'want of Appearance' 'remittal From the High Court']

Case Brief

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Procedural Posture

Application Remitted From the High Court / Directions; Application for Summary Dismissal for Want of Appearance

Legal Issues

  1. 1 ['Whether the application should be summarily dismissed for want of appearance when the applicant did not appear and had departed Australia voluntarily.']

Ratio Decidendi

Because there was no appearance for the applicant and evidence showed that the applicant had departed Australia voluntarily, summary dismissal of the application for want of appearance was the appropriate course; no order as to costs was made because the Minister did not seek costs.

Court Disposition

Application dismissed; no order as to costs.

Orders

  • ['The application be dismissed.' 'There be no order as to costs.']