Applicant S219 of 2002 v Refugee Review Tribunal [2003] FCA 1200

Applicant S219 of 2002 v Refugee Review Tribunal [2003] FCA 1200

The applicant failed to appear when the matter was called, after prior non-appearance and after letters were sent to the applicant's known addresses notifying the applicant of the directions hearing and the need to appear; in those circumstances it was appropriate to dismiss the application under O 10 r 3(2) of the Federal Court Rules.

Jurisdiction
Australia
Judgment Date
06 June 2003
Procedural Posture
Application Remitted From the High Court to the Federal Court / Directions Hearing; Application for Summary Dismissal Under O 10 R 3(2) of the Federal Court Rules
Outcome
Application dismissed.
Legal Topics
['refugee Review Tribunal' 'remitter From High Court' 'non Appearance' 'summary Dismissal' 'costs']
['administrative Law' 'migration Law' 'civil Procedure'] ['refugee Review Tribunal' 'remitter From High Court' 'non Appearance' 'summary Dismissal' 'costs']

Case Brief

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Procedural Posture

Application Remitted From the High Court to the Federal Court / Directions Hearing; Application for Summary Dismissal Under O 10 R 3(2) of the Federal Court Rules

Legal Issues

  1. 1 ['Whether the application should be dismissed under O 10 r 3(2) of the Federal Court Rules after the applicant failed to appear at directions hearings despite notice.']

Ratio Decidendi

The applicant failed to appear when the matter was called, after prior non-appearance and after letters were sent to the applicant's known addresses notifying the applicant of the directions hearing and the need to appear; in those circumstances it was appropriate to dismiss the application under O 10 r 3(2) of the Federal Court Rules.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed pursuant to O 10 r 3(2) of the Federal Court Rules.' "The first applicant pay the second respondent's costs." 'The second respondent notify the first applicant at his last known address of these Orders and the terms of O 35 r 7(2)(a) of the Federal Court Rules.']