Applicant S220 of 2002 v Refugee Review Tribunal [2003] FCA 1199
Where the applicant does not appear and evidence indicates appropriate notice to last known addresses has been sent, it is appropriate to order summary dismissal under O 10 r 3 of the Federal Court Rules and make costs orders against the applicant.
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 06 June 2003
- Procedural Posture
- Judicial Review / Summary Dismissal
- Outcome
- application dismissed
- Legal Topics
- ['refugee Law' 'judicial Review' 'costs' 'summary Dismissal']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Judicial Review / Summary Dismissal
Legal Issues
- 1 ['Whether the proceeding should be dismissed due to non-appearance of the applicant' 'Whether proper notice had been given to the applicant of the proceedings and orders']
Ratio Decidendi
Where the applicant does not appear and evidence indicates appropriate notice to last known addresses has been sent, it is appropriate to order summary dismissal under O 10 r 3 of the Federal Court Rules and make costs orders against the applicant.
Court Disposition
application dismissed
Orders
- ['the application be dismissed pursuant to O 10 r 3(2) of the Federal Court Rules' "the applicant pay the second respondent's costs" 'the second respondent notify the applicant at his last known address of these Orders and the terms of O 35 r 7(2)(a) of the Federal Court Rules']
Full Case Text
Judgment text and source record
34 paragraphs
FEDERAL COURT OF AUSTRALIA
Applicant S220 of 2002 v Refugee Review Tribunal [2003] FCA 1199 APPLICANT S220 OF 2002 v REFUGEE REVIEW TRIBUNAL & ANOR N256 OF 2003 EMMETT J 6 JUNE 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N256 OF 2003
BETWEEN: APPLICANT S220 OF 2002
APPLICANT
AND: REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 6 JUNE 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. the application be dismissed pursuant to O 10 r 3(2) of the Federal Court Rules 2. the applicant pay the second respondent's costs 3. the second respondent notify the applicant at his last known address of these Orders and the terms of O 35 r 7(2)(a) of the Federal Court Rules. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N256 OF 2003
BETWEEN: APPLICANT S220 OF 2002
APPLICANT
AND: REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT
JUDGE: EMMETT J
DATE: 6 JUNE 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT
1 This matter was commenced in the High Court and remitted to this Court by order of Gaudron J on 6 February 2003. At that stage, the applicant was represented by Adrian Joel & Co, solicitors. On 24 April 2003, Adrian Joel & Co filed a notice of withdrawal of solicitor and an affidavit in support. That affidavit disclosed the latest address of the applicant known to the solicitor, being 9/60 Maroubra Road, Maroubra. On 28 April 2003, the solicitor for the second respondent, the Minister for Immigration and Multicultural and Indigenous Affairs ('the Minister), was informed by an officer of the Minister's department that the most recent address held by the Department for the applicant was 5/252 Gardiners Road, Eastlakes.
2 The matter was before me for directions on 2 May 2003 when there was no appearance for the applicant. On 9 May 2003, I directed that the matter be adjourned for further directions today. On 20 May 2003, the Minister's solicitor wrote to the applicant at the two addresses to which I have referred. The letter addressed to 5/252 Gardeners Road, Eastlakes was returned, by post, undelivered. When the matter was called on for hearing today, there was no appearance for the applicant and the Minister asks for orders for summary dismissal of the proceeding pursuant to O 10 r 3 of the Federal Court Rules. In the circumstances, I consider it appropriate to make such orders.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.
Associate: Dated: 29 October 2003
Counsel for the Applicant: No appearance
Solicitor for the Respondent: Australian Government Solicitor
Date of Hearing: 6 June 2003
Date of Judgment: 6 June 2003